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

 

Inequality: Top 10% Of Housholds Have Half Of Total Net Worth

The average New Zealand household was worth $289,000 in the year to June 2015, Statistics New Zealand said today. However wealth was not evenly distributed, with the top 10 percent accounting for around half of total wealth. In contrast, the bottom 40 percent held 3 percent of total wealth. More>>

ALSO:

What Winter? Temperature Records Set For June 20-22

The days around the winter soltice produced a number of notably warm tempertaures. More>>

Conservation Deal: New Kākāpō Recovery Partnership Welcomed

Conservation Minister Maggie Barry says the new kakapo recovery partnership between DOC and Meridian Energy is great news for efforts to save one of New Zealand’s most beloved birds. More>>

ALSO:

Tech Sector Report: Joyce Warns Asian Tech Investors View NZ As Hobbits And Food

Speaking in Wellington at the launch of a report showcasing the value of the technology sector to the New Zealand economy, Joyce said more had to be done to tell the country's technology stories overseas. More>>

ALSO:

Mediaglommeration: APN Gets OIO Approval For Demerger Plan

APN News & Media has received Overseas Investment Office approval for its plan to split out its NZME unit ahead of a potential merger with rival Fairfax Media's New Zealand operations. More>>

New Paper: Ninety-Day Trial Period Has No Impact On Firms' Hiring

The introduction of a 90-day trial period has had no impact on hiring by New Zealand companies although they are now in widespread use, according to researchers at Motu Economic and Public Policy Research. More>>

ALSO:

Corrections: Serco Exits Equity Stake, Remains As Operator

Serco has sold its equity stake in the company that holds the contract to design, build and run Wiri Prison in South Auckland but continues as sub-contractor to operate the facility. More>>

GDP: NZ Economy Grows Faster-Than-Forecast 0.7%

New Zealand's economy grew at a faster pace than expected in the first quarter of 2016 as construction expanded at the quickest rate in two years. The kiwi dollar jumped after the data was released. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news