Tau v Attorney-General

[2021] NZHC 3122

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-534

[2021] NZHC 3122

BETWEEN

RAWIRI TE MAIRE TAU AND OTHERS

First Plaintiff

AND

TE RŪNANGA O NGĀI TAHU

Second Plaintiff

AND

ATTORNEY-GENERAL

Defendant

Hearing:

8 November 2021

Counsel:

C F Finlayson QC, J W J Graham and R M A Jones for Plaintiffs M G Colson QC and L Theron for Defendant

S P Jerebine and C S S Woodhouse for Environmental Defence Society Inc in watching brief capacity

B J Matheson and N J Edwards for Federated Farmers of New Zealand Inc in watching brief capacity

Judgment:

18 November 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(joinder of interveners)

TAU & OTHERS v ATTORNEY-GENERAL [2021] NZHC 3122 [18 November 2021]

[1]    Federated Farmers of New Zealand Inc (Federated Farmers) and the Environmental Defence Society Inc (EDS) seek to be joined as interveners in this proceeding. Those parties have liaised with the plaintiffs to agree the terms of their participation in the hearing.

[2]    The plaintiffs  and  Federated  Farmers  filed  a  joint  memorandum  dated  21 September 2021 and I apologise for the delay in responding to that memorandum. I note the memorandum is not signed by counsel for the defendants but no opposition to the joinder of Federated Farmers has been raised.

[3]    Accordingly, the orders sought at paras [11] and [12] of the joint memorandum of 21 September 2021 are made. Federated Farmers is accordingly joined as an intervener, subject to the restrictions in para [12] of that joint memorandum.

[4]    To similar effect is the joint memorandum of the plaintiffs and the Environmental Defence Society Inc (EDS). Again, I must apologise for that memorandum not being actioned previously. The Crown has taken no steps to oppose the joinder of EDS as intervenor.

[5]    Accordingly, by consent there are orders in terms of paras [10] and [11] of the joint memorandum of 19 August 2021. EDS is accordingly joined as intervener in this proceeding, subject to the restrictions on its participation set out at para [11] of the 19 August 2021 memorandum.

Associate Judge Lester

Solicitors:

Chapman Tripp, Auckland (for Plaintiffs)

Copy to counsel: C F Finlayson QC, Barrister, Auckland (for Plaintiffs)

Crown Law, Wellington (for Defendant) Copy to:

Environmental Defence Society Inc, Auckland (for Party to be joined as Intervener)

Counsel: S P Jerebine, Barrister, Auckland (for Party to be joined as Intervener)