Bleakley v Environmental Risk Management Authority - [2001] 3 NZLR 213

Resource management — Biosecurity — Application for approval to field test new organism — Appeal from decision of Environmental Risk Management Authority — Whether open to authority to consider wider environmental issues of pollution — Whether precedent effect of declining application relevant and permissible consideration — Whether practical considerations a fetter on discretion — Whether authority had had proper regard for all relevant requirements for approval to test new organism — Application of methodology contained in Hazardous Substances and New Organisms (Methodology) Order 1998 (SR 1998/217) — Whether defect in decision-making material — Hazardous Substances and New Organisms (Methodology) Order 1998 (SR 1998/217), cls 2, 9, 12, 13, 14, 15, 16, 22, 23, 24, 25, 26, 27, 29, 33, 34 and 36.

Maori and Maori land — Treaty of Waitangi — Relevance of principles of Treaty — Whether Environmental Risk Management Authority properly took into account relationship of Maori and their culture and traditions with taonga — Whether taonga included intangible values as well as physical, tangible matters — Whether duty of active protection outweighed other competing interests — Whether right of veto for Maori under principles of Treaty of Waitangi — “Recognise and provide for” — “Take into account” — Hazardous Substances and New Organisms Act 1996, ss 4, 5, 5(b), 6, 6(d), 6(f) and 8.