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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]

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