Minister for Land Information v Dromgool [2019] NZCA 508 (22 October 2019)

Last Updated: 31 October 2019

IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA

CA364/2019 [2019] NZCA 508

	BETWEEN	MINISTER FOR LAND INFORMATION Appellant
	AND	SHANE DROMGOOL AND DOROTHY DROMGOOL First Respondents
	AND	ALAN DARVALL POULTON AND JENNIFER POULTON Second Respondents
	AND	NEWMAN FARMS LIMITED Third Respondents

Court:	Gilbert and Goddard JJ
Counsel:	A N Isac QC, E M Jamieson and M C McCarthy for Appellant D M Salmon and A W McDonald for Respondents
Judgment: (On the papers)	22 October 2019 at 2 pm

JUDGMENT OF THE COURT

1. The application for leave to appeal is granted.
2. The approved question is whether the High Court erred in law in allowing the appeal^[1] and setting aside the Environment Court’s report.^[2]

100. Counsel should focus their submissions on:

(a) the role and obligations of the Minister under s 186 of the Resource Management Act 1991; and

(b) whether the inquiry into the adequacy of consideration of alternatives contemplated by s 24(7) of the Public Works Act 1981 is an inquiry into the adequacy of consideration of alternatives by the requiring authority, by the Minister, or by both.
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Solicitors:
Crown Law Office, Wellington for Appellant
LeeSalmonLong, Auckland for Respondents

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^[1] Dromgool v Minister for Land Information [2019] NZHC 1563.

^[2] Dromgool v Minister for Land Information [2018] NZEnvC 108.