25 Aug 2009

Maori Council challenge to RMA struck out in High Court

5:29 am on 25 August 2009

A Maori Council bid to challenge existing law relating to Resource Management Act cases has been struck out by the High Court.

The council wanted a declaration regarding who gets priority if more than one resource consent application is received for the same resource.

The Attorney-General and Trustpower applied to strike out the proceedings, saying the Maori Council is not usually an applicant for resource consents and courts generally avoid giving advisory opinions.

In a decision issued on Monday, Justice Simon France agrees with that position, saying the Maori Council has no connection to existing or past resource management disputes and there is no precedent for the process it seeks.