Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Supreme Court decision protects ‘outstanding landscapes'

Landmark Supreme Court decision protects ‘outstanding landscapes’

By Pattrick Smellie

April 17 (BusinessDesk) – The Supreme Court has upheld resource consents for three salmon farms to be developed in the Marlborough Sounds by the King Salmon company, but in an important win for the protection of “outstanding landscapes”, it has ruled against a fourth site.

The decision gives a major victory to the Environmental Defence Society, which took its appeal against the resource consent granted for a salmon farm at Paparua, Port Gore, because it believed the decision had failed to uphold important principles in the Coastal Policy Statement, which has legal force under the Resource Management Act.

“This is an incredibly important decision,” said EDS coastal policy expert Raewyn Peart. “I’ve been working on the RMA since it came into force in 1991 and this is the first time this issue has gone to the Supreme Court.

“It looks at this whole issue of whether the legislation, with a National Policy Statement, provides a binding bottom line (for environmental protection), whether it protects special places, and the court has said ‘yes’,” she told BusinessDesk.

“This has enormous implications for any decision-making that’s now going to affect our outstanding landscapes.”

However, the Marlborough Sounds lobby group, Save Our Sounds, failed in its application to have a further three other salmon farm resource consents overturned, to the bitter disappointment of members who attended the reading of the judgment in Wellington.

That was essentially because the Board of Inquiry that heard the resource consent applications agreed the Paparua site met the standard for an area of “outstanding natural character and outstanding natural landscape”, which qualified it for greater protection under the RMA than other areas.

The board was one of the first to consider a resource consent application under a fast-tracked RMA process enacted in 2011, and concluded it could exercise an “overall judgment” based on the principles of the RMA.

A majority of four of the five Supreme Court judges, including Chief Justice Sian Elias, who heard the case concluded the board was wrong. Justice William Young issued a dissenting judgment.

At the same time, today’s two Supreme Court decisions clear the way for King Salmon, which originally applied for resource consents at eight sites in the Marlborough Sounds, to develop three of them.

(BusinessDesk)

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Trade Agreements: TPP Minus US Starting To Gain Ground

The Japanese government is picking up the pace on reviving the Trans-Pacific Partnership trade and investment deal, with talks scheduled next month among the 11 countries left in the pact after the withdrawal by the US after the election of president Donald Trump. More>>

ALSO:

PACER:

Prices Up 2.2%: Annual Inflation Highest In Over Five Years

"Rising petrol prices along with the annual rise in cigarette and tobacco tax lifted inflation," prices senior manager Jason Attewell said. "Petrol prices in New Zealand are closely linked to global oil prices, and cigarettes and tobacco taxes rise in the March quarter each year". More>>

ALSO:

Undertaxed? NZ Income Tax Rate Second Lowest Among Developed Nations

New Zealand workers pay the second smallest portion of their income to the government among developed nations and less than half the average ratio of their Organisation for Economic Cooperation and Development peers. More>>

ALSO:

Cyclone Cook: Round Up Of This Week’s Weather

One of the significant impacts this week was flooding due to excessive rainfall amounts. Rainfall amounts topped out at 350mm over the past 60 hours in parts of northwest Nelson, with 200mm+ measurements recorded about Coromandel Peninsula, and between 150-200mm in the Kaimai Ranges. Rainfall amounts of between 30-50mm were commonplace elsewhere. More>>

ALSO:

Earlier: Batten Down The Hatches For Cyclone Cook

Although fast-moving, Cyclone Cook will be destructive and MetService Expert Meteorologists have issued Severe Wind Warnings for the whole of the North Island apart from Northland... More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news