April 2010 RM Journal
The Biodiversity Issue
Implementing the law on consent application priority — powers and potential pitfalls
Philip Milne (Partner) and Matt Conway (Senior Associate), Simpson Grierson
The Court of Appeal decision in Central Plains Water Trust & Anor v Synlait Limited & Anor [2009] NZCA 609 (Central Plains) confirms that priority for a “full hearing” is determined by the date of lodgement of a complete consent application with the consent authority, rather than the previous test based on the date the application was ready for notification. The Court also held that priority may be lost where there is unreasonable delay by the applicant.
