R J Davidson Family Trust v Marlborough District Council

IN THE COURT OF APPEAL OF NEW ZEALAND

CA97/2017
[2017] NZCA 194

BETWEEN	R J DAVIDSON FAMILY TRUST Applicant
AND	MARLBOROUGH DISTRICT COUNCIL Respondent

Hearing:	15 May 2017
Court:	Kós P, Asher and Brown JJ
Counsel:	J D K Gardner-Hopkins and A M Cameron for Applicant J W Maassen for Respondent J C Ironside for Kenepuru and Central Sounds Residents Association Inc and Friends of Nelson Haven and Tasman Bay Inc as Interested Parties
Judgment:	23 May 2017 at 10.30 am

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted on the following questions of law:
(a)Did the High Court err in holding that the Environment Court was not able or required to consider pt 2 of the Resource Management Act 1991 directly and was bound by its expression in the relevant planning documents?
(b) If the first question is answered in the affirmative, should the High Court have remitted the case back to the Environment Court for reconsideration?

BCosts on the application are reserved.

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REASONS OF THE COURT

(Given by Asher J)

We grant leave on the primary and subsidiary questions:
(a)Did the High Court err in holding that the Environment Court was not able or required to consider pt 2 of the Resource Management Act 1991 directly and was bound by its expression in the relevant planning documents?
(b)If the first question is answered in the affirmative, should the High Court have remitted the case back to the Environment Court for reconsideration?
In addition to seeking leave on the two questions where we have granted leave, the applicant also sought leave to appeal on the procedural question of whether the Environment Court should have put the parties on notice of its proposed approach to pt 2, so that they could reframe their submissions accordingly. It was argued that the High Court did not determine this issue.
We decline leave to appeal in respect of this procedural question as it is not of general or public importance. The broad issues were fully canvassed in the Environment Court, and in the High Court there were detailed submissions given on all matters relied on in the Environment Court decision. Therefore, on an overview, there has been no procedural unfairness. Moreover, as counsel for the applicant accepted, leave being granted in respect of the primary questions above means that the applicant will have another opportunity to put forward all submissions on pt 2 that it considers to be relevant.

Solicitors:
Russell McVeagh, Auckland for Applicant
Cooper Rapley, Palmerston North for Respondent
Ironside Law, Nelson for Interested Parties

CaseChat Overview and Summary

The case between the R J Davidson Family Trust and Marlborough District Council was brought before the Court of Appeal of New Zealand. The dispute revolves around the interpretation and application of the Resource Management Act 1991, specifically regarding whether the Environment Court was required to consider the Act directly or was bound by expressions in the relevant planning documents. The Court of Appeal granted leave to appeal on two key questions, one concerning whether the High Court erred in its interpretation of the Act and another on whether the case should have been remitted back to the Environment Court for reconsideration.

The central legal issues in this case pertain to the extent to which the Environment Court must directly consider statutory provisions of the Resource Management Act 1991, as opposed to being constrained by the expressions in planning documents. The Court was tasked with determining whether the Environment Court's reliance on planning documents precluded a direct consideration of the statutory provisions and whether the High Court should have remitted the case back to the Environment Court for reconsideration if the former's interpretation was found to be erroneous.

The Court of Appeal held that the High Court erred in its interpretation by concluding that the Environment Court was not required to consider the Resource Management Act 1991 directly. The Court found that the Environment Court should have considered the statutory provisions independently, regardless of the expressions in the planning documents. Consequently, the Court of Appeal granted leave to appeal on the primary question and held that if the first question were answered in the affirmative, the case should have been remitted back to the Environment Court for reconsideration. The Court declined to grant leave on the procedural issue regarding whether the Environment Court should have notified the parties of its proposed approach to the Act, as it did not find the issue to be of general or public importance.

In summary, the Court of Appeal found that the High Court's approach was flawed and that the case should have been remitted back to the Environment Court for reconsideration in light of the correct interpretation of the Resource Management Act 1991. The Court of Appeal's decision provides clarity on the extent to which the Environment Court must independently consider statutory provisions rather than being constrained by planning documents.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established