When will the Environment Court recall a judgment?
When will the Environment Court recall a judgment?
Thursday 12 December, 2019
In Granger v Dunedin City Council [2019] NZEnvC 143, the Court considered whether it could recall its judgment which allowed an appeal against Council’s decision to grant a subdivision consent to Peninsula Holdings Trust (“PHT”).
PHT wanted to subdivide its property on the Otago Peninsula and construct building platforms. Local residents appealed the grant of resource consent because of the proposal’s effects on the environment, non-compliance with plans (particularly the minimum lot size) and location in an outstanding natural landscape area. In its Interim Decision, the Court held that it needed supplementary evidence to decide the application. PHT failed to submit the supplementary evidence despite being granted two extensions of time, so the Court made a Final Decision to allow the residents’ appeal. PHT applied to the Court to recall the Final Decision so that it could supply the requested material in keeping with the Court’s previous Directions.
The Court accepted that justice to the parties should be the focus of its decision to grant the recall. The Court stated that a recall is only permitted in three situations:
- Where there has been a change in a relevant law or court decision after a hearing that affects the outcome of the matter;
- Where legal counsel has failed to inform the Court about a particular law or decision that should apply to the matter; and
- Where it would be unjust to the parties to leave a decision unperfected.
The Court decided that no prejudice would be created against the other parties by recalling the Final Decision, as the purpose of a rehearing would be to consider the outstanding evidence. The Court granted PHT’s application for a recall of the Final Decision, as it was in the interests of justice to allow PHT to submit the outstanding material and give the other parties the opportunity to respond.
The power to recall a judgement must not be abused by courts. Courts can only recall a judgement if it falls within one of the three established categories.
For assistance with questions relating to this article, please contact Theresa Le Bas
Talk to one of our experts
Related Articles
Councils challenge to transfer of water services rejected in High Court
Thursday 30 March, 2023
When the rubber hits the road - All aboard Aotearoa's challenge
Tuesday 11 October, 2022
Declarations that an Enactment Inconsistent with Bill of Rights
Tuesday 11 October, 2022
Proposed mandatory consideration of specific Māori representation
Tuesday 11 October, 2022
New Regime for Protected Disclosures (Whistleblower legislation)
Wednesday 29 June, 2022
Operative plans and proposed plans: what to do when there is a significant policy shift?
Wednesday 30 March, 2022
Notices of requirement are relevant for resource consent applications
Wednesday 30 March, 2022
Avoidance policies reign in the wake of King Salmon, but what do they require?
Wednesday 30 March, 2022
Court gives guidance on consultation and decision-making process
Wednesday 30 March, 2022
Cultural evidence and the continued draw of the overall judgment
Tuesday 21 December, 2021
Fluoridation debate lifted from shoulders of local government
Tuesday 21 December, 2021
Will new housing density rules increase contributions for developers?
Thursday 28 October, 2021
Judicial review of Hamilton City Council's development contributions policy
Tuesday 5 October, 2021
Lease of Wanaka Airport set aside due to insufficient consultation
Tuesday 15 June, 2021
What if an abatement notice requires you to breach the Resource Management Act?
Tuesday 15 June, 2021
“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley
Tuesday 15 June, 2021
From car parking fine to judicial review of a council’s code of conduct
Tuesday 15 June, 2021
Councils remain liable for compliance of contractors with the RMA
Thursday 18 March, 2021
Randerson Report released: New Direction for Resource Management
Wednesday 5 August, 2020
Could companies be liable to the public for the harm caused by their emissions?
Tuesday 10 March, 2020
Avoiding double penalties when sentencing a company and director
Thursday 23 April, 2020
Can an easement be granted over an esplanade reserve for a commercial activity?
Thursday 12 December, 2019
Draft National Policy Statement for Freshwater Management 2019 for consultation
Thursday 3 October, 2019
Local authority requiring monetary contributions on designations
Thursday 20 June, 2019
Bella Vista: MBIE Report highlights failure to perform statutory functions
Tuesday 9 April, 2019
Recent decision on "affected persons" highlights the importance of context
Wednesday 28 November, 2018
High Court finds Council liable in negligence for damage from fallen tree
Thursday 27 September, 2018
Court upholds sensible approach to local authority works on private property
Tuesday 24 July, 2018
Must Councils accept an assertion that a person is ‘suitably qualified'?
Friday 9 March, 2018
