Ocean Water Limited v Aotearoa Water Action Incorporated

Case

[2022] NZSC 133

17 November 2022


IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 82/2022
 [2022] NZSC 133
BETWEEN

CLOUD OCEAN WATER LIMITED
Applicant

AND

AOTEAROA WATER ACTION INCORPORATED
First Respondent

CANTERBURY REGIONAL COUNCIL
Second Respondent
RAPAKI NATURAL RESOURCES LIMITED
Third Respondent
Court:

Glazebrook, O’Regan and Ellen France JJ

Counsel:

A C Limmer and W A McCartney for Applicant
P I Richardson for First Respondent
P A C Maw for Second Respondent
E J Chapman for Third Respondent

Judgment:

17 November 2022

JUDGMENT OF THE COURT

ALeave to appeal is granted (Aotearoa Water Action Inc v Canterbury Regional Council [2022] NZCA 325).

BThe approved question is whether the Court of Appeal was correct to allow the appeal.

____________________________________________________________________

REASONS

  1. The Registrar is directed to set down this appeal in the week of 20 March 2023 when the Court is sitting in Christchurch.

  2. The Registrar should provide a copy of this judgment to Ngāi Tūāhuriri Rūnanga, an intervener in the Court of Appeal. 

Solicitors:
Tavendale & Partners, Christchurch for Applicant
Linwood Law, Christchurch for First Respondent
Wynn Williams, Christchurch for Second Respondent
Duncan Cotterill, Christchurch for Third Respondent