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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)

Pays/Territoire
Nouvelle-Zélande
Type de cour
Autres
Date
Nov 30, 1998
Source
UNEP, InforMEA
Nom du tribunal
The Environment Court
Juge
Sheppard
Numéro de référence
A8/99
Langue
Anglais
Sujet
Pêche
Mot clé
Tourisme Utilisation durable Développement durable
Résumé
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.
Disponible en
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