Post by Ian Gillespie on May 29, 2018 19:56:06 GMT
From my reading of the judges decision in this case the judge seems to be saying that it's not up to the court to decide what how a boundary should be defined where its a really complicated definition (para 76) - that's something for the Surveyor General to do. The court can only determine weather or not the Surveyor General has taken everything into account in making his decision to approve a plan. In this case he sent the SG back to have another look at the definition of one of the boundaries.
I've had a little to do with the case Ian, and certainly the judge defers decision on boundary to the Chief Executive (of LINZ) in approving a plan, and to the Surveyor General to require correction if it is found to subsequently be in error. But the judge has ruled on the shortcomings of the original approval process and asked LINZ to take another look at their approval in this particular case. It should be noted however that this judgement is (now) interim, as it has been appealed, and any final decision may be a number of months away (at least). I am sure once "final", a judgement will have impact on survey practice and also plan approval processes (and possibly rules).