Page v Whanganui District Council [2018] NZEnvC 94

In this decision the Environment Court imposed its first-ever order restricting a litigant from bringing Court proceedings under the Resource Management Act 1991 (RMA).

This case concerned an enforcement order granted to the Whanganui District Council in 2009, to stop Mr Adrian Page from conducting earthworks and vegetation clearance at a Whanganui property. In the nine years following the enforcement order, Mr Page brought a number of cases to the Environment Court, High Court and Court of Appeal in relation to appealing, seeking amendments to, or applying to cancel various elements of, the enforcement order.

In March 2018 Mr Page made further related applications to the Environment Court. In response, the Council applied to strike out Mr Page’s applications, and for an order restricting Mr Page from commencing or continuing proceedings under s 288C of the RMA.

Nicky McIndoe, Partner, and Akane Sandom, Solicitor, Kensington Swan look at the outcome of this case