Otehei Bay Holdings Limited and Explore NZ (2004) Limited v Fuller Bay of Islands Limited, Intercity Group (NZ) Limited and Minister of Conservation - SC 85/2011

Summary

Civil – Reserves and Domains Act 1953 – Reserves Act 1977 – Conservation Act 1987, Part 3B – That the appellants’ lease was not brought within the jurisdiction of the Reserves and Domains Act 1953 when the Crown acquired Urupukapuka Island (where the appellant’s leasehold is situated) as a recreation reserve – That s 59A of the Reserves Act 1977 does not apply to the appellants’ lease, and no concession under Part 3B of the Conservation Act 1987 is required to render the appellant’ s lease lawful.[2011] NZCA 300 CA 57/2010, CA 684/2010

Additional Information

Dates

A The application for leave to appeal is granted.
B The approved grounds of appeal are:
(i) Was the lease at Otehei Bay brought within the jurisdiction of the Reserves and Domains Act 1953 upon the Crown’ s acquisition of Urupukapuka Island as a recreation reserve in 1970?
(ii) Does s 59A of the Reserves Act 1977, as inserted by the Reserves Amendment Act 1996, apply to the lease at Otehei Bay?
C The approved grounds are intended to comprehend the sub issues referred to in the submissions of the third respondent dated 15 September, namely:
(i) Is the lease a perpetually renewable lease which has been extended since its creation, or is it one where a new lease has been entered into each time it has been extended or renewed?
(ii) What is the effect of the 10 to 15 year period where the lease may not have been renewed by the parties?

29 September 2011.

Hearing

Notice of abandonment being filed, the appeal is deemed to be dismissed.

26 July 2012.