[2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]
...without qualifiers; and to analyse the qualifiers “reasonably possible” and “to the greatest extent practicable” as a matter of law. He accurately characterised the requirement about “avoidance” from findings of the Supreme Court in Environmental Defence Society Inc v The New Zealand King Salmon Co. Limited9 as meaning “not allow”, or “prevent the occurrence of”, but with an acknowledgment that this is not absolute because minor or transitory effects may be perm...