“This decision is a vital reaffirmation of the long-standing constitutional principle set in Fitzgerald v Muldoon, that decision-makers should not take into account government announcements about future potential law changes,” said EDS Chief Operating Officer Shay Schlaepfer.

“EDS, represented by Barrister Aidan Cameron, joined the High Court case and argued that proposed legislative changes must not be taken into account until enacted by Parliament. The Court agreed and found that the decision-maker’s attention to government press releases and discussion documents, rather than relying solely on the existing legal framework, was an error of law.

“This is not just a technical point. We are seeing a worrying trend of decision-makers pre-emptively responding to political signals instead of staying anchored to current law. That undermines public confidence and legal certainty.

“While the Court ultimately found the error did not materially affect the outcome of the decision in this case, the broader precedent has implications for ongoing resource management decision-making during a period of significant regulatory flux.

“The Court’s judgment is a timely reminder for councils and other public bodies that the rule of law requires adherence to current legislation and policy, not speculation about future directions.

“All statutory processes must remain grounded in law as it exists today. Until Parliament enacts change, the current framework must be followed,” concluded Ms Schlaepfer.

Read the decision here, relevant paragraphs [35] – [39].