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High Court, in a statutory appeal on a point of law, sets aside a determination of the Environmental Information Commissioner, on the grounds that the commissioner erroneously applied too narrow a test and failed to adopt a teleological approach in refusing the appellant's request for access to a government department's broadband plan; and the court remits the matter for further consideration by the commissioner.
Statutory appeal - decision by Commissioner for Environmental Information to refuse appellant's request for access to government department's report into next-generation broadband - information not 'environmental information' as defined in regulations - report contains economic analysis - legislative framework - appeal to High Court on point of law - role of Court - whether conclusion of Commissioner was based on a correct or erroneous view of the law - report detail - interplay between national broadband plan and the report - definition of environmental information - characterisation of plan - remoteness - interpretative approach - Aarhus Convention - purposive approach - economic analysis or models and not simply 'information' - Commissioner's 'high level' view of document overly narrow - error - failure to adopt teleological approach - Court will not direct production of report at this stage - decision set aside and matter remitted for further determination.
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