Minister of Conservation v Royal Forest and Bird Protection Society of New Zealand Incorporated and Hawke's Bay Regional Investment Company Limited

[2016] NZSC 164

IN THE SUPREME COURT OF NEW ZEALAND

SC 106/2016
[2016] NZSC 164

BETWEEN

HAWKEʼS BAY REGIONAL INVESTMENT COMPANY LIMITED
Applicant

AND

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED
First Respondent

MINISTER OF CONSERVATION
Second Respondent

SC 107/2016 

BETWEEN

MINISTER OF CONSERVATION
Applicant

AND

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED
First Respondent

HAWKEʼS BAY REGIONAL INVESTMENT COMPANY LIMITED
Second Respondent

Court:	Glazebrook, Arnold and OʼRegan JJ
Counsel:	F M R Cooke QC and M J E Williams for Applicant SC 106/2016 and Second Respondent SC 107/2016 S R Gepp, I T K T R F Hikaka and D M Salmon for First Respondent SC 106/2016 and SC 107/2016 A L Martin and J M Prebble for Second Respondent SC 106/2016 and Applicant SC 107/2016
Judgment:	13 December 2016

JUDGMENT OF THE COURT

AThe applications for leave to appeal are granted (Royal Forest and Bird Protection Society of New Zealand Incorporated v Minister of Conservation [2016] NZCA 411).

BThe approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross‑appeal.

____________________________________________________________________

1. The applicant in SC 106/2016 seeks urgency in relation to the appeal.  The Court is able to accommodate a hearing in February 2017.  The Court asks the Registrar to consult counsel as soon as possible about a suitable date in that month for a two day hearing. 

Solicitors:
Sainsbury Logan & Williams, Napier for Applicant SC 106/2016 and Second Respondent SC 107/2016
Royal Forest and Bird Protection Society of New Zealand Incorporated, Nelson for First Respondent SC 106/2016 and SC 107/2016
Crown Law Office, Wellington for Second Respondent SC 106/2016 and Applicant SC 107/2016