Justice John Fogarty has taken the unusual step of granting leave to the plaintiffs to cross-examine three public servants who have filed affidavits in proceedings as part of a judicial review against the Commissioner of Crown Lands.
Lawyers acting for the Mt Ida Syndicate group of farmers will be allowed to cross-examine Robert Lysaght, a tenure assessor and information manager with Land Information New Zealand (Linz), the Department of Conservation's former Otago conservator Jeff Connell and a conservation officer with the department, Tim Whittaker.
Judge Fogarty rejected requests to cross-examine Linz Commissioner of Crown Lands David Gullen and the department's manager of crown property and investment, Brian Usherwood, at the High Court hearing in Christchurch in October.
The Mt Ida Syndicate farmers argue the Commissioner of Crown Lands did not look at all the information available when considering a rehearing of a decision to terminate their 100-year-old special grazing licence on the Mt Ida range.
They say Mr Lysaght had two proposals when considering the status of the Mt Ida land - one that recommended continued grazing and the other to return it to crown control - and both should have been considered when considering a rehearing.
Their statement of claim states the commissioner made an improper and predeterined ruling which breached natural justice, the ruling was not consistent with the decision to allow grazing to continue on the neighbouring Soldiers Syndicate and there was a breach of a legitimate expectation a rehearing would be granted.
Lowland Maniototo farmers have used the Mt Ida block to graze sheep over summer since 1901, but since the 1960s there has been debate about the continued grazing, with licences subsequently granted for 21-year and five-year periods.
The plaintiffs contend a preliminary proposal to return the land to full crown ownership and control following a review by Mr Lysaght, came at "the request/or direction" of either the Director-general of Conservation or the Minister of Land Information.
They say the outcome was predetermined, with the land tagged to be included in the planned Oteake High Country Park.
Finally, they claim Mr Lysaght said they would be granted a rehearing should the land be returned to full government ownership and control, but that was never granted.
As a result, the syndicate's counsel wish to cross-examine the officials' affidavits.
They contend there was evidence Mr Lysaght's recommendation was influenced by a "hostile Doc response" in a May 2003 decision he made on the future of the Soldiers Syndicate.
Justice Fogarty has allowed cross-examination of Mr Connell, saying he did not believe his affidavit was "full and candid", especially for the year from June 2002, during the period the preliminary proposal was formed.
He said Mr Whittaker's paper on the Mt Ida property was "full of expressions of opinion".