Environmental Defence Society Incorporated v Otago Regional Council

[2018] NZHC 3109

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2018-412-000094

[2018] NZHC 3109

BETWEEN

ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED
Appellant

AND

OTAGO REGIONAL COUNCIL

Respondent

Hearing:

On the papers

Counsel:

D A Allan and M C Wright for the Appellant A J Logan for the Respondent

L A Andersen for Port Otago Limited

S Gepp for Royal Forest and Bird Protection Society of New Zealand Incorporated

J Maassen for Marlborough District Council

Judgment:

29 November 2018

JUDGMENT OF NATION J

[1]    The Marlborough District Council filed an interlocutory application seeking leave to intervene on the appeal and present legal submissions. The Otago Regional Council filed a notice of opposition. The application was opposed by Port Otago Limited but not by any other party.

[2]    On 19 November 2018, Gendall J directed that submissions were to be filed for the Marlborough District Council and by Port Otago Limited.

[3]    Submissions were filed for the Marlborough District Council on 22 November 2018. Counsel for Port Otago Limited has filed a memorandum indicating that they now consent to the Marlborough District Council’s application.

ENVIRONMENTAL DEFENCE SOCIETY INC v OTAGO REGIONAL COUNCIL [2018] NZHC 3109 [29

November 2018]

[4]    I have read the submissions filed for the Marlborough District Council. I accept that the appeal raises matters of public interest, the determination of which will impact on other regional councils such as the Marlborough District Council and that accordingly it is appropriate for leave to be granted for that Council to be joined as an intervener in the way they seek.

[5]    An order is made accordingly without opposition and with the consent of the Otago Regional Council.

Solicitors:

Ellis Gould, Auckland

Ross Dowling Marquet Griffin, Dunedin Leonard Andersen, Barrister, Dunedin Polson McMillan, Solicitors, Dunedin

Copies to:

Royal Forest and Bird Protection Society of New Zealand Incorporated Marlborough District Council.