Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

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

 

Judgment: Forest & Bird v Buller District Council & Others

[Full judgment: Royal_Forest_and_Bird_Protection_Society_of_New_Zealand_Inc_v_Buller_Dis.pdf]

IN THE HIGH COURT OF NEW ZEALAND
CHRISTCHURCH REGISTRY
CIV-2013-409-789
[2013] NZHC 1324


IN THE MATTER OF an appeal under s 299 Resource Management Act 1991
BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED
Appellant
AND BULLER DISTRICT COUNCIL AND WEST COAST REGIONAL COUNCIL
First Respondents
BULLER COAL LIMITED
Second Respondent
AND WEST COAST ENVIRONMENTAL NETWORK INCORPORATED
Interested Party


Hearing: 27, 28 and 30 May 2013
Appearances: P D Anderson and S R Gepp for the Appellant
B G Williams and R A Lowe for First Respondents
J O M Appleyard for Second Respondent
Q A M Davies for Interested Party
Judgment: 6 June 2013


JUDGMENT OF FOGARTY J


Introduction
[1] The Environment Court has delivered two decisions in relation to an application by Buller Coal Ltd (BCL) for consents required to establish an open cast coal mine on the Denniston Plateau on the West Coast. This proposed open cast coal mine is known as the escarpment mine proposal (EMP).

[…]

[68] While I consider that in the context before it, the Environment Court could have distinguished [84], but not the preceding reasoning, particularly [34] to [83], the Environment Court did not err in the way it applied [84]. Second, its factual finding of “speculative” as to the future implementation of the Sullivan Mine proposal ruled out, as a matter of law, cumulative effect analysis. This is because the submissions of BCL set out in [43] are applicable, given this finding of fact.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

[69] It follows that there is no material error of law in this decision not to embark upon cumulative effect analysis. This appeal is dismissed. Costs are reserved.

Solicitors:
Royal

[Full judgment: Royal_Forest_and_Bird_Protection_Society_of_New_Zealand_Inc_v_Buller_Dis.pdf]

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines


Gordon Campbell: On The US Opposition To Mortgage Interest Deductibility For Landlords


Should landlords be able to deduct the interest on the loans they take out to bankroll their property speculation? The US Senate Budget Committee and Bloomberg News don't think this is a good idea, for reasons set out below. Regardless, our coalition government has been burning through a ton of political capital by giving landlords a huge $2.9 billion tax break via interest deductibility, while still preaching the need for austerity to the disabled, and to everyone else...
More


 
 

Government: Concerns Conveyed To China Over Cyber Activity
Foreign Minister Winston Peters has confirmed New Zealand’s concerns about cyber activity have been conveyed directly to the Chinese Government. “The Prime Minister and Minister Collins have expressed concerns today about malicious cyber activity... More

ALSO:


Government: GDP Decline Reinforces Government’s Fiscal Plan

Declining GDP for the December quarter reinforces the importance of restoring fiscal discipline to public spending and driving more economic growth, Finance Minister Nicola Willis says... More

ALSO:


Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.