Port Otago Ltd v Environmental Defence Society

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

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

CaseChat Overview and Summary

In the Supreme Court of New Zealand, Port Otago Limited, the applicant, sought leave to appeal against the decision of the Court of Appeal in Port Otago Ltd v Environmental Defence Society Inc. The case involved a dispute regarding the approval of an expansion project by Port Otago, which was challenged on environmental grounds by the Environmental Defence Society, the first respondent. The Otago Regional Council, the Royal Forest and Bird Protection Society of New Zealand, and the Marlborough District Council were also involved in the proceedings as respondents. The legal issues before the Court involved the interpretation and application of environmental legislation, including the Resource Management Act 1991, and the extent to which the Court of Appeal had correctly applied the law in dismissing the appeal.

The Court granted leave to appeal and directed that the appeal be set down for hearing on 11 and 12 April 2022. The Court was required to determine whether the Court of Appeal had erred in law in dismissing the appeal. The Court noted that the issues involved significant questions of public importance and required the Court's consideration. The Court also directed the Registrar to liaise with the parties regarding a timetable for filing submissions.

The Court's decision to grant leave to appeal indicates that it considered the issues raised in the appeal to be of sufficient importance to warrant further consideration. The Court's direction for the appeal to be set down for hearing demonstrates its commitment to resolving the matter in a timely manner. The outcome of the appeal may have significant implications for the interpretation and application of environmental legislation in New Zealand.

No further orders were made by the Court at the time of the judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established