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Man O’War Station HC decision welcomed by EDS
Man O’War Station HC decision welcomed by EDS
EDS
has welcomed a decision of the High Court that expands the
law relating to how councils should manage their outstanding
landscapes. The case concerned the identification of
outstanding landscapes on Waiheke Island.
In the decision in Man O’War Station v Auckland Council 2015 NZHC 767 Justice Andrews has further developed the caselaw in EDS v King Salmon which overturned previous court rulings and clarified that the Resource Management Act contains some environmental bottom lines that have to be met especially with respect to the protection of outstanding coastal landscapes and natural areas.
“In this recent judgement, the High Court has agreed with EDS that even though stronger protection is required for these areas, it is not appropriate to change the test as to what constitutes an outstanding landscape,” said EDS Executive Director Gary Taylor.
“This means that councils must continue to identify outstanding landscapes applying the law as it stands and not seek to reduce the spatial scope of such areas because of the high level of protection such identification brings.
Justice Andrews said “It is clear from the fact that “the protection of outstanding natural features and landscapes” is made, by s 6(b), a “matter of national importance” that those outstanding natural landscapes and outstanding natural features must first be identified…Thus, the identification of ONLs drives the policies. It is not the case that policies drive the identification of ONLs...
“This decision reinforces the need to identify and protect outstanding parts of our country. Councils must do that. That status does not mean that such areas can’t be used but that activities that will detract from those values should be located elsewhere.
“In the King Salmon case, for example, there were other sites for a marine farm that were not outstanding and were approved.
“Only a small proportion of New Zealand’s coast qualifies as “outstanding.” These are by definition very special places, like the eastern coast of Waiheke and the outer Marlborough Sounds. It is in the public interest for such landscapes to be treated as special and protected,” Mr Taylor concluded.
EDS appeared as an interested party in the case and was represented by Auckland Barrister Rob Enright and EDS solicitor Madeleine Wright.
ends
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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