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High Court returns the One Plan to 2010

Media Release

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25 September 2013

High Court returns the One Plan to 2010

Federated Farmers is congratulating the Hon Justice Stephen Kós for his determination on the Horizons One Plan appeal.

“From the standpoint of pastoral farmers we’ve got a good outcome from Justice Kós,” says Andrew Hoggard, Federated Farmers Manawatu-Rangitikei provincial president.

“From the get-go, Federated Farmers accepted pastoral farming was part of the One Plan.  Our appeal was never about overturning the Plan because parts of the One Plan were already operative.

“It was about trying to make a silk purse from a sow’s ear and the decision by Justice Kós vindicates the appeal by Federated Farmers and the investment of our members. 

“Justice Kós’ interpretation, expressed in his ruling, is that the One Plan allows exceptions from the fixed nitrogen (N) loss limits.  This is very positive for our farmers and gives them assurance that they will be able to continue farming because unachievable N loss limits will not now be applied to their farms.

“What Federated Farmers wanted and was effectively in the 2010 decisions version, was a focus on good management practices to minimise N loss, faecal contamination and sediment. 

“Justice Kós has agreed with us on this so it is a huge step forward from the unimplementable Environment Court version.  Justice Kós has given us a clear pathway for making the One Plan workable

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“The One Plan chronology tells the story because we had a decisions version of the One Plan after hearings in 2010.  This we could have lived with.  The Environment Court turned the clock back to 2007 but the High Court has now readjusted the clock back to 2010.

“This High Court case was incredibly complicated because it centred on points of law.  The shame being that there were few media in the High Court on day one and none a few days later. 

“Total costs from all sides involved in the One Plan has probably now reached the tens of millions of dollars.  It is has been hugely frustrating and expensive.  Our take is that the current council and management of Horizons Regional Council would do things very differently from those who preceded them.

“Current Horizons councillors deserve credit for the implementation plan notified in June and effectively endorsed by Justice Kós.

“Justice Kós has given us a clear pathway for making the One Plan workable.  We hope that Fish & Game will accept this and will not seek leave to appeal,” Mr Hoggard concluded.

ENDS

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