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

Gordon Campbell: On Drone Strikes And Judith Collins‘ Last Stand

The news that a New Zealand citizen was killed last November in a US drone attack in Yemen brings the drones controversy closer to home.

To the US, drones are a legitimate response to the threat posed by the al Qaeda organisation and its franchisees... To the US, the drones carry the added advantage of not putting US troops at risk on the ground, and minimises the need for putting them in large numbers in bases in the countries concerned, always a politically sensitive point.

The counter-argument, well articulated by security analyst Paul Buchanan on RNZ this morning, is that this particular drone attack can be said to amount to an extra-judicial execution of a New Zealand citizen by one of our military allies, in circumstances where the person concerned posed no threat to New Zealand’s domestic security. More>>

 

Parliament Today:

Policies: Labour’s Economic Upgrade For Manufacturing

Labour Leader David Cunliffe has today announced his Economic Upgrade for the manufacturing sector – a plan that will create better jobs and higher wages. More>>

ALSO:

Gordon Campbell: On The Life And ACC Work Of Sir Owen Woodhouse

With the death of Sir Owen Woodhouse, the founding father of the Accident Compensation Scheme, New Zealand has lost one of the titans of its post-war social policy. More>>

ALSO:

Bad Transnationals: Rio Tinto Wins 2013 Roger Award

It won the 2011 Roger Award and was runner up in 2012, 2009 and 08. One 2013 nomination said simply and in its entirety: “Blackmailing country”... More>>

ALSO:

Select Committees: Tobacco Plain Packaging Hearings

The Stroke Foundation is today backing the Cancer Society and Smokefree Coalition who are making oral submissions to the Health Select Committee in support of proposed legislation to remove of all branding from tobacco products. More>>

ALSO:

Milk: Oravida Asked For Cabinet Help

New evidence released by New Zealand First today reveals Justice Minister Judith Collins used her position to manipulate the Government to help her husband’s company, Oravida, after the Fonterra botulism scare, says New Zealand First Leader Rt Hon Winston Peters. More>>

ALSO:

With Conditions: Ruataniwha Consents Approved In Draft Decision

The Tukituki Catchment Proposal Board of Inquiry has granted 17 resource consents relating to the $265 million Ruataniwha Water Storage Scheme in a draft decision that would open more of the Hawke’s Bay to irrigation. More>>

ALSO:

Fast Lanes, Campervans: Labour 'Making The Holidays Easier For Kiwi Drivers'

The next Labour Government will make the holidays easier and journeys quicker for Kiwi families driving on the roads, says Labour Leader David Cunliffe. More>>

ALSO:

Gordon Campbell: On Royalty And Its Tourism Spin-Offs

Ultimately the Queen’s longevity has been one of her most significant accomplishments. A transition to Prince Charles while the monarchy was in the pits of public esteem in the mid to late 1990s would have been disastrous for the Royal Firm. Far more congenial representatives have now emerged... More>>

ALSO:

Privacy (Again): ACC Demands Excessive Privacy Waivers

Labour: “This is just another example of ACC under National deliberately acting to deny treatment and compensation... Those who did fill in the form have effectively been victims of yet another ACC privacy breach. This time Judith Collins knew it was happening..." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news