Environmental Group challenges Kaipara Council

Monday, 11 January 2010, 12:33 pm
Press Release: Environmental Defence Society

11 January 2010
Media Release

Environmental Group challenges Kaipara District Council

The Environmental Defence Society (EDS) says that it is surprised by Kaipara District Council's comments about proceedings lodged by EDS against the council prior to Christmas (see earlier council press release copied below).

"EDS made it quite clear to Kaipara District Council officials when we met them that we would be filing declaration proceedings in the Environment Court challenging the lawfulness of its new district plan," said EDS Chairman Gary Taylor.

"EDS is concerned that Kaipara District Council notified a review of its district plan without protecting its outstanding natural landscapes as required by the Resource Management Act.

"It did that against advice by its own staff and by consultants.

"Indeed, it has left a whole chapter out of its plan. The chapter numbers are sequential until you get to chapter 18 which is blank. The plan goes from 17-19 in one step.

"The council has identified its outstanding landscapes but decided to leave them out of the plan. Our contention is that it has acted unlawfully in notifying its plan without protecting its outstanding landscapes.

"Kaipara District has some very special landscapes, including coastal landscapes that merit protection. In our opinion it has a statutory duty to do that. It has to act within the law. The Council cannot ignore its legal responsibilities to protect its environment.

"Outstanding landscapes in the district include the Mangawhai Sandspit, Maunganui Bluff, North Head Kaipara, Brynderwyn Ranges, Bream Tail and the Kai iwi lakes.

"Indeed, in its media statement it says that it's not opposed to including outstanding landscapes in its plan. If that is the case then it could chose to not oppose our application and costs to ratepayers would be minimised.

"We expect the Council to formally respond to the legal proceedings in February and for the matter to be dealt with by the Environment Court in due course," Mr Taylor concluded.

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Media Release by Kaipara District Council 7 January 2010 for Immediate Release

Action by Environmental Defence Society Unnecessary

Kaipara District Council (KDC) are surprised at the unnecessarily expensive steps taken by the Environmental Defence Society (EDS) to issue an application for a declaration from the Environmental Court that the Proposed District Plan is unlawful. EDS claims that KDC notified a review of its district plan without proposing protection of outstanding natural landscapes as required by the Resource Management Act.

Contrary to the assertions of EDS, KDC fully understood it was required to consider outstanding landscapes. However of principal concern was protecting the District's taonga, the Kaipara and Mangawhai Harbours, for the people of Kaipara, the nation and the world environment.

The Proposed District Plan has special emphasis on the harbours and their immediate tributaries. This is to ensure they continue to be safe places for people to play, fish and admire. As has been said, "Imagine a world without snapper!" It has been proven that 98% of New Zealand's snapper can be genetically traced to the Kaipara Harbour.

KDC also decided to leave the chapter in the Proposed District Plan on outstanding landscapes blank due to the unreasoned approach by Farmers of New Zealand in relation to outstanding landscapes.

KDC was aware there would be concern from environmental advocates such as EDS. With that in mind KDC informally discussed its approach with the Ministry for the Environment. The Ministry understood KDC's position and did not oppose the notification of the Proposed District Plan with the Outstanding Landscapes Chapter left blank.

KDC has previously met with EDS and explained its position. KDC is most surprised the Society has issued proceedings as it had been agreed that KDC's Chief Executive would take advice, report to Council and advise EDS of KDC's formal position in February this year.

KDC also explained to EDS during those meetings that it was not opposed to including outstanding landscapes in the Proposed District Plan but rather had adopted the current position to ensure the more important taonga was protected and to save the ratepayers money.

KDC is staggered at the unnecessarily costly steps taken by EDS given that the Council is likely to meet the concerns of EDS without the need for legal action. EDS will have incurred significant costs to prepare its declaration which seems to be a total waste of money and resources.

Unfortunately EDS' actions also mean that the ratepayers of the Kaipara District will unnecessarily incur costs in KDC dealing with the application. However Council will be looking for ways to minimise the costs to the ratepayers.

ENDS

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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.

Contact Environmental Defence Society

• Website - www.eds.org.nz
• Email - manager@eds.org.nz
• Phone - + 64 9 302 2972
• Link - EDS National Conference
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