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


EDS welcomes Court of Appeal Decision

6 April 2006 –For immediate use
Media Statement
EDS welcomes Court of Appeal Decision

The Environmental Defence Society has welcomed a Court of Appeal decision relating to mining on the Coromandel Peninsula.

In an oral decision delivered after a hearing today, the Court has allowed Coromandel Watchdog special leave to appeal a High Court judgement that constrains the ability of Councils to prohibit environmentally intrusive activities, such as mining in the Coromandel Peninsula. Watchdog was successful in getting leave to appeal after the High Court had earlier turned down an application for such leave.

The decision means that whether prohibited activity status can be used to control where mining can be undertaken on the Peninsula will now be decided following a substantive hearing before the Court of Appeal. That hearing is likely to be some months away.

In a related initiative, both the Auckland City Council and the Auckland Regional Council were granted leave to join the proceedings.

Commenting on the decision EDS Chairman Gary Taylor said EDS was happy to have been able to assist Watchdog to bring the case.

“We were always confident that there was a real issue for the Court of Appeal to consider and were pleased to assist Watchdog to bring the case,” said Mr Taylor.

“It is also pleasing that 2 councils have now joined the case. It was clear to us that it has implications for all councils around New Zealand.

“We see prohibited activity status as being increasingly used as part of the planning toolkit. It is very useful where councils want to control adverse cumulative effects over wider areas. For example, subdivision in parts of the Waitakere Ranges is a prohibited activity.

“Now the Court of Appeal will be asked to rule on the appropriateness of the use of that status.

“We will now be taking the case up again with the Thames-Coromandel District Council. It should attempt to rejoin the proceedings given that its district plan provisions are now at issue at Court of Appeal level,” Mr Taylor concluded.

Robert Enright and Andrew Braggins from Kensington Swan appeared for Watchdog.



© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>


Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>


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>>


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>>


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>>


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>>


Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news