Poutama Kaitiaki Charitable Trust v Taranaki Regional Council

[2021] NZSC 153

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 31/2021
 [2021] NZSC 153

BETWEEN	POUTAMA KAITIAKI CHARITABLE TRUST AND D & T PASCOE Applicants
AND	TARANAKI REGIONAL COUNCIL First Respondent NEW PLYMOUTH DISTRICT COUNCIL Second Respondent NEW ZEALAND TRANSPORT AGENCY Third Respondent

Court:	William Young, Glazebrook and O’Regan JJ
Counsel:	H P Harwood for First and Second Respondents P T Beverley, D G Allen and T J Ryan for Third Respondent P F Majurey and V N Morrison-Shaw for Te Rūnanga o Ngāti Tama Trust as Interested Party
Judgment:	8 November 2021

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment of 15 July 2021 (Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 87) as reissued on 23 September 2021 is dismissed.

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REASONS

1. Poutama Kaitiaki Charitable Trust filed with the Court a memorandum which, in effect, seeks the recall of our decision of 15 July 2021 as reissued on 23 September 2021.[1]  Nothing is advanced in the memorandum which would warrant that course of action.  Accordingly, the application is dismissed.

   [1]Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 87.

Solicitors:

Buddle Findlay, Wellington for Respondents and Te Rūnanga o Ngāti Tama Trust