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GA Paykel, DL Nathan, Oyster Cove Limited and others (Appellants) v. The Northland Regional Council and The Far North District Council (Respondents)

Country/Territory
New Zealand
Type of court
Others
Date
Nov 30, 1998
Source
UNEP, InforMEA
Court name
The Environment Court
Judge
Sheppard
Reference number
A8/99
Language
English
Subject
Fisheries
Keyword
Tourism Sustainable use Sustainable development
Abstract
This case related to a proposal to develop a fishing lodge and associated facilities. The Regional Council had granted coastal permits for a boat ramp and a dingy pull mooring, discharge permits for waste water and storm water and a water permit to take water from a deep bore. The appellants contended that the proposed lodge and fishing facilities would be inappropriate at the location in view of the proposed scale, intensity, function and design of the development. Furthermore they alleged that the project would cause significant adverse environmental effects and provide precedent for further developments of a similar type. The court found that if the development was carried out in conformity with certain amended conditions it would not fail to sustain the potential of the resources involved nor fail to safeguard the ecosystems or the environment. It would be consistent with the achieving the purpose of “sustainable management” set out in section 5(2) of the Resource Management Act, which provided that sustainable management had to balance the protection of natural resources with the social, economic and cultural wellbeing of people. The court granted the requisite consents.
Available in
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume II, Page 88