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EDS Welcomes Decision In "Blank Pages" Case
EDS Welcomes Decision In "Blank Pages" Case
The Environmental Defence Defence Society (EDS) has scored a significant judgement against a council that failed to protect the outstanding landscapes in its district.
The Environment Court has just released its decision relating to the landscape chapter of the Kaipara District Council Plan - which consists of blank pages.
"EDS is very pleased with the Court's decision that indicates that the Kaipara District Council acted unlawfully when it left out the landscape chapter of its plan," said EDS Chairman Gary Taylor.
"The Council - like all councils in New Zealand - is required to identify and protect outstanding natural features and landscapes.
"The Council had argued that it was taking a staged review of its plan and would notify a landscape chapter at a later stage. The Court noted that any staging of the District Plan should still achieve integrated management of the effects of land uses and associated natural and physical resources.
"The Court held that the Council could not rely on submitters to create a landscape chapter and address the proposed plan's deficiencies. The Council is required to meet its obligations under sections 6(b) and 31 of the RMA.
"In terms of legal issues, the Court rejected Council's submission that it was not required to give effect to the New Zealand Coastal Policy Statement and the Regional Policy Statement when preparing or changing its district plan.
"The Court decided to adjourn the proceedings to allow the Council to notify a Variation to its Proposed Plan. Leave was reserved for EDS to resume the proceedings if the Council fails to do so.
"Kaipara District Council has a landscape study which identifies a number of "outstanding" and "amenity" landscapes within the district. A draft chapter was even prepared by the Council but was not included in the Proposed Plan.
"We expect a Variation to be notified within 2 months or we will go back to Court," Mr Taylor concluded.
Greg Milner-White from Kensington Swan was the lawyer for EDS in the case.
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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