New Zealand Forest Owners Association Inc v Wairoa District Council

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

14/02/2022

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Transparency/disclosure

REVIEW TYPE

Judicial review

SUMMARY

(Excerpt from Lexis Catchwords & Digest) Administrative law — Judicial review — Wairoa District Council — Unreasonableness Application for orders. Applicants represents seven forestry owners who owned substantial portion of total forestry land. Respondent Council overhauled rating system and introduced five categories of land use to which various differential rates would apply. Applicant sought that respondent council failed to take into account mandatory relevant considerations, namely environmental wellbeing and climate change, as well as making mistakes of fact. Finding that evidence pointed indication of improper purpose or intention by respondent do not support allegation. Finding that insufficient factual basis to support allegation that respondent Council relied on personal wealth of forestry owners in imposing differential on forestry land. Finding that climate change was not mandatory consideration. Finding that present case do not reach standard of unreasonableness. Application dismissed

CASE DOCUMENTS

New Zealand Forest Owners Association Inc v Wairoa District Council [2022] NZHC 761