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

 

Scoop Business: RBNZ Keeps OCR At 3.5%, Signals Slower Pace Of Future Hikes

Reserve Bank governor Graeme Wheeler kept the official cash rate at 3.5 percent and signalled he won’t be as aggressive with future rate hikes as previously thought as inflation remains tamer than expected. The kiwi dollar fell to a seven-month low. More>>

ALSO:

Weather: Dry Spells Take Hold In South Island

Many areas in the South Island are tracking towards record dry spells as relatively warm, dry weather that began in mid-August continues... for some South Island places, the current period of fine weather is quite rare. More>>

ALSO:

Scoop Business: Productivity Commission To Look At Housing Land Supply

The Productivity Commission is to expand on its housing affordability report with an investigation into improving land supply and development capacity, particularly in areas with strong population growth. More>>

ALSO:

Forestry: Man Charged After 2013 Death

Levin Police have arrested and charged a man with manslaughter in relation to the death of Lincoln Kidd who was killed during a tree felling operation on 19 December 2013. More>>

ALSO:

Smells Like Justice: Dairy Company Fined Over Odour

Dairy company fined over odour Dairy supply company Open Country Dairy Limited has been convicted and fined more than $35,000 for discharging objectionable odour from its Waharoa factory at the time of last year’s ”spring flush” when milk supply was high. More>>

Scoop Business: Dairy Product Prices Decline To Lowest Since July 2012

Dairy product prices dropped to the lowest level since July 2012 in the latest GlobalDairyTrade auction, led by a slump in rennet casein and butter milk powder. More>>

ALSO:

SOE Results: TVNZ Lifts Annual Profit 25% On Flat Ad Revenue, Quits Igloo

Television New Zealand, the state-owned broadcaster, lifted annual profit 25 percent, ahead of forecast and despite a dip in advertising revenue, while quitting its stake in the pay-TV Igloo joint venture with Sky Network Television. More>>

ALSO:

Get More From Scoop

 
 
Computer Power Plus

Standards New Zealand

Standards New Zealand
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news