Fleetwing Farms Ltd v Marlborough District Council - [1997] 3 NZLR 257

Resource management — Environment Court — Practice and procedure — Competing appeals — Two applications for coastal permit to establish mussel farm — Applications applying to same area of water — Grant of one application necessarily excluding other — Both applications declined — Appeals lodged — Priority of appeal hearings — Whether appeal first lodged should be heard first — Whether application first made to consent authority should be heard first on appeal — Whether comparative assessment could be made when applications heard together — Resource Management Act 1991, ss 269(1), 269(4), 270(1), 272(1), 272(2), 272(3), 290(1), 290(2) and 399 — Marine Farming Act 1971, s 8(3).

Practice and procedure — Environment Court appeals from regional councils — Competing appeals — Two applications for coastal permit to establish mussel farm — Applications applying to same area of water — Grant of one application necessarily excluding other — Both applications declined — Appeals lodged — Priority of appeal hearing — Whether appeal first lodged should be heard first — Whether application first made to consent authority should be heard first on appeal — Whether comparative assessment could be made when applications heard together — Resource Management Act 1991, ss 269(1), 269(4), 270(1), 272(1), 272(2), 272(3), 290(1), 290(2) and 399 — Marine Farming Act 1971, s 8(3).

Resource management — Environment Court — Court's powers and duties on appeal — Court required to hear together two or more appeals on same subject-matter — Whether Court has power to remit appeal to regional council — Resource Management Act 1991, ss 270 and 290.