The Plaintiff in the case, the Ranginui Family Trust, applied for an injunction to stop the procedure of the application for a project permit for the development of a spa resort at Takitimu. The Plaintiff meant that the Defendants had failed to comply with Parts 1 and 5 of the Environment Act 2003, in particular that they had not respected the time limits for receiving comments from the public when undertaking a public consultation.

The function of the defendant, the National Environment Service, was to protect, conserve and manage the environment of the Cook Islands including its resources, wildlife and surrounding waters. It also monitored and evaluated activities with significant effects on the environment as well as had administrative and secretarial services. The Island Environmental Authorities are other important actors in the case as they determine applications for permits.

The promoters of the spa resort had applied for a permission to construct the resort including an EIA. Enabling a public consultation was also necessary, and there had been opportunities for this although the period in which the public could submit comments was to short.

On the basis of a proposal by the National Environment Service, the court concluded that the period on which the public could comment on the EIA would be extended so that the Plaintiff could submit its comments before the evaluation by the Island Environmental Authorities. The court would, however, not decide on an injunction, as this would only prolong the procedure.