Auckland Acclimatisation Society Inc v Sutton Holdings Ltd - [1985] 2 NZLR 94

Water and water control — Water rights — Farmers applied for water rights to drain part of swamp for farm land — Drainage proposal would destroy part of a wetland — Whether Water and Soil Conservation Act 1967 contained an inbuilt preference for farming interests over conservation interests, or vice versa — Whether Water and Soil Conservation Act 1967 or Town and Country Planning Act 1977 was pre-eminent — Whether economic benefit from drainage outweighed the desirability of preserving that area as part of a wetland.

Judicial review — Usefulness of review proceedings when there was also an appeal against the decision reviewed — Whether, if appeal raises the same questions as does the review proceedings, the latter should be dismissed in the exercise of the Court's discretion as serving no useful purpose — Judicature Amendment Act 1972, s 4(1).