Legal Research
Cases
Royal Forest and Bird Protection Society of New Zealand Incorporated v New Zealand Transport Agency

Royal Forest and Bird Protection Society of New Zealand Incorporated v New Zealand Transport Agency

Case [2021] NZSC 52 28 May 2021

Standing

Judicial Review

Natural Justice & Procedural Fairness

Environmental Protection

Environmental Law

Administrative Law

No judgment structure available for this case.

Type to search within this case.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 25/2021
[2021] NZSC 52

BETWEEN	ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED Applicant
AND	NEW ZEALAND TRANSPORT AGENCY Respondent

Court:	O’Regan, Ellen France and Williams JJ
Counsel:	S R Gepp, M C Wright and P D Anderson for Applicant V E Casey QC and V S Evitt for Respondent
Judgment:	28 May 2021

JUDGMENT OF THE COURT

ALeave to appeal to this Court is granted (Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency [2021] NZHC 390).

BThe approved question is whether the High Court was correct to dismiss the appeal against the decision of the Board of Inquiry.

____________________________________________________________________

Solicitors:
P D Anderson, Royal Forest and Bird Protection Society of New Zealand Inc, Christchurch for Applicant
Buddle Findlay, Auckland for Respondent

Details

AGLC: Royal Forest and Bird Protection Society of New Zealand Incorporated v New Zealand Transport Agency [2021] NZSC 52
Case: [2021] NZSC 52
Decision Date: 28 May 2021

CaseChat Overview and Summary

The Supreme Court of New Zealand heard an appeal brought by the Royal Forest and Bird Protection Society of New Zealand Incorporated against the New Zealand Transport Agency. The dispute centred around the approval of a project to construct a new motorway in Auckland, and the court was required to determine whether the High Court had correctly dismissed the society's appeal against the decision of the Board of Inquiry.

The primary legal issue before the court was whether the Board of Inquiry's decision to approve the motorway project was flawed due to procedural errors. The society argued that the Board had failed to properly consider certain environmental impacts and had not adequately engaged with the public. The New Zealand Transport Agency, on the other hand, maintained that the Board's decision was valid and that it had followed the necessary procedures.

In delivering the judgment, the Supreme Court found that the Board of Inquiry had indeed made errors in its process. The court noted that the Board had failed to consider certain environmental effects of the motorway project and had not properly engaged with the public as required by law. As a result, the Supreme Court concluded that the High Court had been incorrect in dismissing the society's appeal, and the Board's decision was quashed. The case was remitted to the Board of Inquiry for reconsideration in light of the court's findings.

Orders