Director-General of Conservation v Marlborough District Council - [2004] 3 NZLR 127

Resource management — Coastal permit — Environment Court — Consents granted subject to conditions — Condition formulated as condition precedent — Meaning of condition precedent — Effect of condition to delay resource consents from coming into effect and to delegate Court’s judicial function to consent authorities — Whether such condition valid — Whether condition amounted to improper allocation or regulation of fisheries resources — Resource Management Act 1991, ss 12(1) and (3), 30(1) and (2), 108, 118, 314 and 319.

Practice and procedure — Judgments and orders — Consents granted subject to conditions — Condition formulated as condition precedent — Meaning of condition precedent — Effect of condition to delay resource consents from coming into effect and to delegate Court’s judicial function to consent authorities — Whether such condition valid.