[2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]
...recourse to the courts for the determination of rights is not to be excluded except by clear words.6 There is no challenge in this case to the general exclusionary effect that s 120(1A) of the Act had at the relevant time, but the limitless variety of human activity and of ways of describing it requires some care to be taken in applying the statutory words to the facts of the case. As counsel for the appellants submits, a cautious approach should be taken to the determination of a j...