Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation Board
[2020] NZSC 67
•17 July 2020
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 28/2020 [2020] NZSC 67 |
| BETWEEN | TRANS-TASMAN RESOURCES LIMITED |
| AND | TARANAKI-WHANGANUI CONSERVATION BOARD, |
| AND | ENVIRONMENTAL PROTECTION AUTHORITY |
| Court: | O’Regan, Ellen France and Williams JJ |
Counsel: | J B M Smith QC and V N Morrison-Shaw for Applicant |
Judgment: | 17 July 2020 |
JUDGMENT OF THE COURT
A Leave to appeal is granted (Trans‑Tasman Resources Ltd v Taranaki‑Whanganui Conservation Board [2020] NZCA 86).
BThe approved question is whether the Court of Appeal was correct to dismiss the appeal.
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REASONS
In part, this appeal raises issues in relation to the Treaty of Waitangi, Māori customary interests and the applicability of tikanga to marine and marine discharge consent applications. We consider that we may be assisted by submissions from the Crown in relation to these matters. Accordingly, we invite the Attorney‑General to intervene if he wishes to do so. We direct the Registrar to bring the appeal to the attention of the Solicitor‑General and to provide her with a copy of this judgment.
We note the Environmental Protection Authority’s reservation of its position with respect to “systemic” issues raised in or affected by the appeal which may affect its future work. We agree this is appropriate. Should the Authority wish to provide written submissions and/or appear, leave is reserved for it to make the necessary application.
Finally, the Registrar is directed to arrange a judicial teleconference with counsel so that arrangements can be made in relation to the hearing of this appeal. In light of the number of parties and issues, we propose to set the appeal down for two days. It would assist the Court to ensure the available time is used efficiently if counsel conferred prior to that teleconference to discuss the division of hearing time between them and the possibility of allocating to particular parties the carriage of oral submissions in relation to particular issues. Since we will have written submissions from all parties on the matters they each wish to address, we would prefer to avoid repetitive oral submissions. If counsel agree on some or all of these matters prior to the teleconference, a memorandum may be filed.
Solicitors:
Atkins Holm Majurey Ltd, Auckland for Applicant
Holland Beckett Law, Tauranga for Taranaki‑Whanganui Conservation Board
Dawson & Associates Ltd, Nelson for Cloudy Bay Clams Ltd, Fisheries Inshore New Zealand Ltd, New Zealand Federation of Commercial Fishermen Inc, Southern Inshore Fisheries Management Co Ltd and Talley’s Group Ltd
Lee Salmon Long, Auckland for Greenpeace of New Zealand Inc and Kiwis Against Seabed Mining Inc
Whāia Legal, Wellington for Te Ohu Kai Moana Trustee Ltd
Oceanlaw New Zealand, Nelson for Te Rūnanga o Ngāti Ruanui Trust
P D Anderson, Royal Forest and Bird Protection Society of New Zealand Inc, Christchurch for the Royal Forest and Bird Society of New Zealand Inc
Kāhui Legal, Wellington for the Trustees of Te Kāhui o Rauru Trust
C J Haden, Environmental Protection Authority, Wellington for Second Respondent
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