Court of Appeal Wellington
14 March; 19 April 1989
Cooke P, Somers, Casey, Bisson and Ellis JJ
14 March; 19 April 1989
Cooke P, Somers, Casey, Bisson and Ellis JJ
Water and water control — Water and soil conservation — Right to take geothermal fluid — Exemption from controls under 1967 Act for any specified natural water — Existing use rights — Substantial compliance with notification of existing use rights — Electricorp claimed that geothermal fluid from the Wairakei geothermal field was "specified natural water" which was "expressly authorised by any other Act" to be excepted from the Crown's sole right to take natural water — Whether, to be exempt from the controls in the 1967 Act, natural water must be specified in a statute, not subordinate legislation — Whether Electricorp was exempt from the controls in 1967 Act — Electricorp's predecessor had notified Regional Water Board of existing use rights — Notice was defective — Whether defects in notice misled or caused prejudice — Whether notice substantially complied with Act and regulations — Whether Electricorp was authorised to take geothermal fluid from Wairakei geothermal field — Water and Soil Conservation Regulations 1968, reg 3 - Water and Soil Conservation Act 1967, s 21.
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