[Full judgment: CA4382012.pdf]
CANTERBURY REGIONAL COUNCIL v INDEPENDENT FISHERIES LIMITED COA CA438/2012 [20 December 2012]
IN THE COURT OF APPEAL OF NEW ZEALAND
CA438/2012
[2012] NZCA 601
BETWEEN CANTERBURY REGIONAL COUNCIL Appellant
AND INDEPENDENT FISHERIES LIMITED First Respondent
AND R S PEEBLES Second Respondent
AND CASTLE ROCK ESTATE LIMITED Third Respondent
AND G F CASE, M M CASE AND M G M CASE Fourth Respondents
AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent
AND CLEARWATER LAND HOLDINGS LIMITED Sixth Respondent
AND THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Seventh Respondent
AND CHRISTHCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL, SELWYN DISTRICT COUNCIL AND NEW ZEALAND TRANSPORT AGENCY
Eighth Respondents
CA505/2012
AND BETWEEN CHRISTCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL AND NEW ZEALAND TRANSPORT AGENCY Appellants
AND INDEPENDENT FISHERIES LIMITED First Respondent
AND R S PEEBLES Second Respondent
AND CASTLE ROCK ESTATE LIMITED Third Respondent
AND G F CASE, M M CASE AND M G M CASE Fourth Respondent
AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent
AND CLEARWATER LAND HOLDINGS LIMITED Sixth Respondent
AND THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Seventh Respondent
AND SELWYN DISTRICT COUNCIL Eighth Respondent
CA507/2012
AND BETWEEN MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Appellant
AND INDEPENDENT FISHERIES LIMITED First Respondent
AND R S PEEBLES Second Respondent
AND CASTLE ROCK ESTATE LIMITED Third Respondent
AND G F CASE, M M CASE AND M G M CASE Fourth Respondent
AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent
AND CLEARWATER LAND HOLDINGS Sixth Respondent
AND CANTERBURY RESIONAL COUNCIL, CHRISTHCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL, SELWYN DISTRICT COUNCIL AND
NEW ZEALAND TRANSPORT AGENCY Seventh Respondents
CA514/2012
AND BETWEEN SELWYN DISTRICT COUNCIL Appellant
AND INDEPENDENT FISHERIES LIMITED First Respondent
AND R S PEEBLES Second Respondent
AND CASTLE ROCK ESTATE LIMITED Third Respondent
AND G F CASE, M M CASE AND M G M CASE Fourth Respondent
AND PROGRESSIVE ENTERPRISES LIMITED Fifth Respondent
AND CLEARWATER LAND HOLDINGS LIMITED Sixth Respondent
AND THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY Seventh Respondent
AND CANTERBURY REGIONAL COUNCIL, CHRISTCHURCH CITY COUNCIL, WAIMAKARIRI DISTRICT COUNCIL AND NEW ZEALAND TRANSPORT
AGENCY Eighth Respondents
Hearing: 20 and 21 November 2012
Court: White, Miller and Asher JJ
Counsel: D J Goddard QC, M S R Palmer and J V Ormsby for Appellants in CA438/2012, CA505/2012 and CA514/2012 M E Casey
QC and K G Stephen for Appellant in CA507/2012 F M R Cooke QC, P A Joseph and P A Steven for Respondents J M Appleyard
for Christchurch International Airport Ltd as Intervener
Judgment: 20 December 2012 at 10.00am
JUDGMENT OF THE COURT
A Selwyn District Council is granted an extension of time to appeal.
B Christchurch International Airport Ltd is granted intervener status.
C The appeals are dismissed.
D Costs are reserved.
[...]
[Full judgment: CA4382012.pdf]