Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Court decision victory for public participation

19 April 2005

Supreme Court decision victory for public participation

The Supreme Court today released a decision on public notification under the Resource Management Act that reinforces the need for Environment Court appeal rights.

The Supreme Court has held, in a unanimous decision, that a resource consent allowing the operation of a discount outlet shopping centre by Discount Brands Ltd in Akoranga Drive, Northcote is invalid because Discount Brands’ application for the consent was not publicly notified.

“This case is a symptom of a wider problem. Central Government and local authorities are bending over backwards to accommodate business-led opposition to the Resource Management Act. As a result the law is being abused,” said Conservation Manager Kevin Hackwell.

“This decision shows why Environment Court appeal rights on public notification are needed. Currently people can only go to the High Court, and then the Supreme Court to ensure that their rights are upheld. This is very expensive,” he said.

“This case was between trade competitors. They are the only ones who can afford the legal costs involved,” he said.

“A low-cost appeal right on notification would soon sort out those councils that deny people their legitimate, lawful right to have their say on developments that will affect them and their environment,” he said.

NOTES

Development proposals are only lawfully allowed to progress without public notification in very narrow circumstances. This process is called non-notification. Generally, the proposal must have less than minor effects on the environment or all those persons who may be potentially affected have given their consent.

Over 95% of resource consents are processed non-notified. Controversial development proposals including the construction of large towers in residential areas, major wetland draining and native forest logging have all been processed without public notification.

There is no Environment Court appeal right on notification. Instead people have to seek a High Court judicial review of the process the council used.

There is currently a proposal in the Resource Management and Electricity Legislation Amendment Bill to introduce Environment Court rights to seek declarations as to whether or not a resource consent application should have been notified (a form of notification appeal).

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>

ALSO:

Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>

ALSO:

More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>

ALSO:

Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>

ALSO:

Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>

ALSO:

General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news