ELI challenges another Mt Messenger bypass decision
In July 2023, ELI filed for a judicial review of the Department of Conservation (DOC) decision to grant a Wildlife Act Authority to Waka Kotahi for the works at the Mt Messenger bypass project site under section 53 of the Wildlife Act.
After ELI filed its case, in August 2023, DOC provided a briefing to the Ministers of Conservation and Transport (in conjunction with the Ministry of Transport) which advised that “It has subsequently transpired that the joint consent of the Minister of Conservation and the Minister of Transport is required under s 71 of the Wildlife Act in place of the authority under s 53.” In the view of the Ministry of Transport and of DOC, without this s 71 consent, the Project cannot proceed.
Despite our ongoing litigation, DOC only told ELI about the new consent in November 2023.
ELI has now amended its statement of claim in this case to challenge the decision to grant a s71 consent.
Our case was originally due to be heard in the Wellington High Court on 16 and 17 April 2024.
The amendment to the statement of claim will likely mean the case being heard later in the year.