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EDS gets leave to appeal approved by Supreme Court

EDS gets leave to appeal approved by Supreme Court

The full bench of 5 judges of the Supreme Court today approved an EDS application for leave to appeal a decision of the High Court relating to the King Salmon project.

King Salmon sought approval for 9 salmon farming sites in a protected part of the Marlborough Sounds. A Board of Inquiry approved 4 sites and refused 5. EDS then appealed that decision to the High Court and was unsuccessful.

EDS has now narrowed its concern down to 1 of the 4 approved sites: Port Gore (Papatua). The Supreme Court decision means that EDS will be able to pursue its appeal before the Supreme Court at a substantive 3 day hearing commencing 19 November 2013.

“We have been concerned that the High Court decision creates an undesirable precedent by its narrow interpretation of the New Zealand Coastal Policy Statement 2010,” said Gary Taylor.

“We contend that having found that the Port Gore site was an outstanding landscape, the Board of Inquiry should not have approved that site, according to our interpretation of the NZCPS.

“We consider that the Board of Inquiry and High Court interpretations, if left unchallenged, would weaken coastal protection around the country.

“We are therefore pleased to have got over the procedural hurdle of obtaining leave,” Mr Taylor concluded.

The EDS application was opposed by King Salmon and Crown Law. David Kirkpatrick, Robert Enright and Nicola de Wit appeared for EDS.

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