Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 


Judgment: Canterbury Council v Independent Fisheries

[Full judgment: CA4382012.pdf]


CANTERBURY REGIONAL COUNCIL v INDEPENDENT FISHERIES LIMITED COA CA438/2012 [20 December 2012]

IN THE COURT OF APPEAL OF NEW ZEALAND

CA438/2012

[2012] NZCA 601

BETWEEN CANTERBURY REGIONAL COUNCIL Appellant

AND INDEPENDENT FISHERIES LIMITED First Respondent

AND R S PEEBLES Second Respondent

AND CASTLE ROCK ESTATE LIMITED Third Respondent

AND G F CASE, M M CASE AND M G M CASE Fourth Respondents

AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent

AND CLEARWATER LAND HOLDINGS LIMITED Sixth Respondent

AND THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Seventh Respondent

AND CHRISTHCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL, SELWYN DISTRICT COUNCIL AND NEW ZEALAND TRANSPORT AGENCY Eighth Respondents

CA505/2012

AND BETWEEN CHRISTCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL AND NEW ZEALAND TRANSPORT AGENCY Appellants

AND INDEPENDENT FISHERIES LIMITED First Respondent

AND R S PEEBLES Second Respondent

AND CASTLE ROCK ESTATE LIMITED Third Respondent

AND G F CASE, M M CASE AND M G M CASE Fourth Respondent

AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent

AND CLEARWATER LAND HOLDINGS LIMITED Sixth Respondent

AND THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Seventh Respondent

AND SELWYN DISTRICT COUNCIL Eighth Respondent

CA507/2012

AND BETWEEN MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Appellant

AND INDEPENDENT FISHERIES LIMITED First Respondent

AND R S PEEBLES Second Respondent

AND CASTLE ROCK ESTATE LIMITED Third Respondent

AND G F CASE, M M CASE AND M G M CASE Fourth Respondent

AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent

AND CLEARWATER LAND HOLDINGS Sixth Respondent

AND CANTERBURY RESIONAL COUNCIL, CHRISTHCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL, SELWYN DISTRICT COUNCIL AND NEW ZEALAND TRANSPORT AGENCY Seventh Respondents

CA514/2012

AND BETWEEN SELWYN DISTRICT COUNCIL Appellant

AND INDEPENDENT FISHERIES LIMITED First Respondent

AND R S PEEBLES Second Respondent

AND CASTLE ROCK ESTATE LIMITED Third Respondent

AND G F CASE, M M CASE AND M G M CASE Fourth Respondent

AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent

AND CLEARWATER LAND HOLDINGS LIMITED Sixth Respondent

AND THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Seventh Respondent

AND CANTERBURY REGIONAL COUNCIL, CHRISTCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL AND NEW ZEALAND TRANSPORT AGENCY Eighth Respondents

Hearing: 20 and 21 November 2012

Court: White, Miller and Asher JJ

Counsel: D J Goddard QC, M S R Palmer and J V Ormsby for Appellants in CA438/2012, CA505/2012 and CA514/2012 M E Casey QC and K G Stephen for Appellant in CA507/2012 F M R Cooke QC, P A Joseph and P A Steven for Respondents J M Appleyard for Christchurch International Airport Ltd as Intervener

Judgment: 20 December 2012 at 10.00am

JUDGMENT OF THE COURT

A Selwyn District Council is granted an extension of time to appeal.

B Christchurch International Airport Ltd is granted intervener status.

C The appeals are dismissed.

D Costs are reserved.

[...]


[Full judgment: CA4382012.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Patience: Drive Safe

Be patient before passing is the AA's message for drivers this Labour weekend.

"People taking crazy risks to get past other vehicles is one of the most dangerous things on the road,” says AA spokesperson Dylan Thomsen.

“The weather is looking good for the long weekend so the roads will be busy. Unfortunately, that also increases the chances of people getting frustrated and trying a risky passing manoeuvre. When they get past, there will probably be more traffic up ahead anyway so it won’t get people there faster.” More>>

 
 

Parliament Today:

Employment Relations Bill: Govt Strains To Get Tea Break Law Through

The Government has been left with egg on its face - failing to get its much-vaunted, but hugely unpopular, meal break law passed in the first week of its new term, Labour spokesperson on Labour Issues Andrew Little says. More>>

ALSO:

Guns: Police Association Call To Arm Police Full Time

"The new minister gave his view, that Police do not need to be armed, while standing on the forecourt of parliament. The dark irony was that the interview followed immediately after breaking news of a gunman running amok in the Canadian parliament in Ottawa..." More>>

ALSO:

Gordon Campbell: On The Tokenism Of New Zealand's Role Against Islamic State

Our contribution against IS will be to send SAS forces to train the Iraqis? That’s like offering trainers to General Custer just as the 7th cavalry reached the Little Big Horn. More>>

ALSO:

Scoop Business: Shell And Todd Caught Drilling Without Approval

Multi-national oil company Shell’s New Zealand arm and local energy giant Todd Energy have breached the new law governing New Zealand’s Exclusive Economic Zone, the Environmental Protection Authority says in an Oct. 10 document released by the Green Party. More>>

ALSO:

Gordon Campbell: On Pharmac, Gough Whitlam And Sleater-Kinney

We’re not at the outset of these negotiations. The outset was six years ago, and negotiators were hoping to have some sort of ‘framework’ deal finished in time for the APEC meeting in a few weeks’ time. These ‘extreme’ positions are what we’ve reached near the intended end of the negotiations… More>>

ALSO:

PM Of Many Hats: Questions, No Answers On Whale Oil

Dr RUSSEL NORMAN (Co-Leader – Green) to the Prime Minister: How many times since November 2008 has he spoken with blogger Cameron Slater on the phone and how many times, if any, has he texted him?
Rt Hon JOHN KEY (Prime Minister): None in my capacity as Prime Minister. More>>

ALSO:

Aussie Investigation Dropped: Call On Minister McCully To Pursue The Case Of Balibo Five

West Papua Action is deeply concerned at the lack of any clear outcome from the Australian Federal Police inquiry into the 1975 deaths of the ‘Balibo Five’ including NZ journalist Gary Cunningham. More>>

ALSO:

'Feed The Kids' Bill: Metiria Turei To Lead Fight On Feeding Hungry Children

Green Party Co-leader Metiria Turei is urging all political parties to support the Feed the Kids Bill which she inherited today from Mana leader Hone Harawira. More>>

ALSO:

Parliament Today: State Opening Of Parliament

The House sat at 10.30am on Tuesday before MPs were summoned to hear the Speech from the Throne in the Legislative Council Chamber. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news