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Environmental NGOs have big win on Tukituki Case
Media Release: Environmental NGOs have big win on Tukituki Case
The High Court has found substantially in favour of the environmental groups that lodged appeals relating to the proposed Ruataniwha Irrigation Dam in Hawkes Bay.
The Court confirmed that the Board of Inquiry made two errors of law in its decision to allow plan changes and grant resource consents for the Dam in the Tukituki Catchment.
The Board of Inquiry introduced a nitrogen limit of 0.8 mg/L to protect the ecosystem health of the Tukituki Catchment. Fish and Game, Forest and Bird and EDS supported that limit but filed appeals that concerning the rules put in place to achieve the limit.
“The High Court found that the Board erred by including a rule in its final decision, which was materially different from the draft version, without giving the parties an opportunity to make submissions,” said EDS Chairman Gary Taylor.
“The High Court also found the Board erred by including a rule which created a ‘factual fiction.’ The Judge said: The principal consequence of the Board’s final version … is that farms over four hectares which comply with the LUC leaching rates are deemed to comply with the in-stream DIN limits even though those farms are in fact not complying with the DIN limits.
“This decoupling of the rules from the limit meant that the regional council had no way of ensuring compliance which rendered the limit ineffective.
“EDS also alleged the Board of Inquiry made an error of law in including provision for use of water in an objective addressing sustainable management of freshwater. The High Court disagreed. EDS is analysing this aspect of the decision further.
“The outcome is that the High Court has referred those matters back to the Board of Inquiry for reconsideration. EDS will participate and will be seeking real enforceable rules that will protect the ecosystem health of the Tukituki River.
“The Ruataniwha Water Storage Scheme conditions of consent will also need to be revisited because these were intended to mirror the Plan Change.
“EDS would like to extend its congratulations to the primary appellants, Fish and Game and Forest and Bird, which took leadership roles in this case.
“We also note that the High Court released the decision less than a month after the hearing in line with the fast track EPA process. Generally, EDS is satisfied with the High Court decision.
“EDS was represented by Auckland Barrister Robert Enright and in-house solicitor Nicola de Wit,” concluded Mr Taylor.
Environmental Defence Society
EDS speaks for the environment. It has influence.
Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand
through law and policy change. That's why it's one of this country's most influential non-
profit organisations when it comes to achieving better environmental outcomes.
EDS has expertise in key disciplines including law, planning, landscape and science. It
operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together
the private and public sectors for constructive engagement.
EDS runs conferences and seminars on topical issues, including an annual Environmental
Summit and the Climate Change and Business Conference.
EDS is a registered charity and donations to it are tax-deductible.
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