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Douglas Craig Schmuck v Opua Coastal Preservation Incorporated and Far North District Council - SC 66/2018

Media releases

Summary

Civil Appeal – Whether the Court of Appeal erred in its approach to the interpretation of the scope of easements – Whether the Court of Appeal erred by not relying on resource consents when examining the easements at issue – Whether the Court of Appeal erred in not considering the question of indefeasibility.

Result

A The application for leave to appeal is granted (Opua Coastal Preservation Incorporated v Far North District Council [2018] NZCA 262).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 February 2019
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A The appeal is allowed.
B The decision of the second respondent as delegate of the Minister of Conservation to consent to the challenged easements referred to at [32] of the Reasons of the Court is reinstated.
C Costs are reserved.
D Leave is reserved to the parties to apply for consequential orders if required.
29 October 2019

Hearing Transcripts

Related Documents

High Court decision — OPUA COASTAL PRESERVATION INCORPORATED v FAR NORTH DISTRICT COUNCIL [2017] NZHC 154 [14 February 2017]

Court of Appeal decision — OPUA COASTAL PRESERVATION INCORPORATED v FAR NORTH DISTRICT COUNCIL [2018] NZCA 262 [20 July 2018]

Leave judgment - leave granted — DOUGLAS CRAIG SCHMUCK v OPUA COASTAL PRESERVATION INCORPORATED [2019] NZSC 7 [21 February 2019] (PDF 181 KB)

Substantive judgment — DOUGLAS CRAIG SCHMUCK v OPUA COASTAL PRESERVATION INCORPORATED [2019] NZSC 118 [29 October 2019] (PDF 901 KB)

Supreme court decision — Cost: DOUGLAS CRAIG SCHMUCK v OPUA COASTAL PRESERVATION INCORPORATED [2019] NZSC 155 [23 December 2019] (PDF 160 KB)