Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency

The Supreme Court decision allowed the appeal by Forest and Bird and has sent the Auckland East-West Link (EWL) project back to the Board of Inquiry for reconsideration because of errors in the way the avoid policies in the NZCPS and Auckland Unitary Plan had been interpreted as they related to potential harm to indigenous biodiversity in significant natural areas. 

The East-West Link is a proposal from the respondent, the New Zealand Transport Agency | Waka Kotahi (Waka Kotahi), for the construction, operation and maintenance of a new four-lane arterial road and associated works to connect State Highway 20 at Onehunga with State Highway 1 at Penrose/Mt Wellington

Interestingly the appeal was allowed by a majority (comprising Winkelmann CJ, Glazebrook, Ellen France and Williams JJ), with Glazebook J agreeing with the result but with different reasons, and William Young J dissenting.

Link to Supreme Court media release that summarises decision.

Link to Supreme Court decision dated 11 April 2024.