Brook Valley Community Group Inc v The Brook Waimarama Sanctuary Trust

Brook Valley Community Group Inc. sought an interlocutory order to stay the decision of the High Court and to prevent the Brook Waimarama Sanctuary Trust from proceeding with an aerial drop of brodifacoum poison baits until further order of the Court. This application followed the High Court's decision dated 4 August 2017, which rejected the applicant's grounds for judicial review. The applicant argued that a stay was necessary to prevent irreversible harm to the community and the environment, to preserve the position of the applicant, and to prevent non-compliance with certain operating plans. The respondents opposed the application, arguing that the balance of convenience favoured allowing the aerial drop to proceed, that the appeal was unlikely to succeed, and that the applicant had not demonstrated any serious arguable grounds. The court considered the factors relevant to granting a stay, including the merits of the appeal, the effect of the proposed drop on the applicant, and the potential prejudice to the respondents if a stay were granted. The court found that the respondents were entitled to the fruits of the litigation and that the balance of convenience favoured allowing the aerial drop to proceed. The applicant's position in the appeal would not be rendered nugatory by the refusal to grant a stay, and the court was unconvinced by the applicant's claims of irreversible harm to the community and the environment. The court refused to grant the interlocutory orders sought by the applicant.
The court reserved leave for the respondents to apply for costs in respect of the application.