LNIRDF vs DoC WARO case. We Win

19 Jun 2017 9:31 PM | Anonymous

GOOD NEWS!!!

We have heard the result of our High Court challenge to DOCs 2015 WARO concessions that resulted in allowing WARO into previously Closed areas in the Lower North island

We didn't win all of our grounds we applied for, but some of those were similar and have resulted in the department changes to be considered invalid

We previously agreed that if we won, we would accept no change until the next concession review process which is due to begin very soon. This was because the change effects all WARO concessions, not just those in the Lower North Island.

Below is our lawyers summary of it

“While the Court did not accept all of the grounds in our application, it found in our favour in regards to natural justice.  Justice France considered that a duty to consult with recreational hunters existed due to the factors set out at paragraph [53] of the judgement.  These include The High Court has issued a declaration that the 2015 WARO concession, and in particular the land boundaries set in the Forest Parks were invalid due to failure of natural justice.the significant nature of the changes to the land in the Forest Parks, and the fact that WARO operators were given an opportunity to comment on the classification of the land but recreational hunters were not, as stated in the judgement: Standing back, I am satisfied this been an unfair process caused by a failure to consult with the applicant.’ 

The decision has not quashed the current 2015 permit, because it considered this to be a disproportionate response given that the permit applies to the whole of the North Island (and there is only 1 year left to run). 
Costs have been awarded to the foundation!

 

Great result, for all the effort put in by Derrick, Ivan and myself and all our supporters and their donations  

 

DOC have been put on notice. There are a few things still to sort out including lobbying Minister (P Dunne) to change the actual concession. Watch this space

We are working on a media release. Spread the word

thanks

GG

The justice decision is available via the link below

LNIRDF v Minister of Conservation - decision 19-6-2017.pdf

 

 

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