Port Otago Ltd v Environmental Defence Society

[2022] NZSC 23

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 6/2022
 [2022] NZSC 23

BETWEEN	PORT OTAGO LIMITED Applicant
AND	ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED First Respondent OTAGO REGIONAL COUNCIL Second Respondent ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED Third Respondent MARLBOROUGH DISTRICT COUNCIL Fourth Respondent

Court:	William Young, Glazebrook and Ellen France JJ
Counsel:	L A Andersen QC for Applicant D A Allan and M C Wright for First Respondent S J Anderson and T M Sefton for Second Respondent P D Anderson and S T Shaw for Third Respondent J W Maassen and B D Mead for Fourth Respondent
Judgment:	17 March 2022

JUDGMENT OF THE COURT

ALeave to appeal is granted (Port Otago Ltd v Environmental Defence Society Inc [2021] NZCA 638).

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

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REASONS

1. The Registrar is directed to set the appeal down for hearing on 11 and 12 April 2022 and to liaise with the parties as to a timetable for filing submissions.

Solicitors:
McMillan&Co, Dunedin for Applicant
Ellis Gould, Auckland for First Respondent
Ross Dowling Marquet Griffin, Dunedin for Second Respondent

Royal Forest and Bird Protection Society of New Zealand Inc, Christchurch for Third Respondent

Marlborough District Council, Blenheim for Fourth Respondent