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Final decision in "blank pages" case
11 November 2010
Dear Alastair,
Media Release: Final decision in "blank pages" case
The Environmental Defence Defence Society (EDS) has won the final stage of a case against a council that failed to protect the outstanding landscapes in its district.
The Environment Court has just released a direction relating to the landscape chapter of the Kaipara District Council Plan - which consists of blank pages.
The Court minute indicates that the Council should notify a Landscape Variation to its plan "forthwith."
"EDS is very pleased with the Court's direction," 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 the New Zealand Coastal Policy Statement which takes effect on 3 December, the Council can deal with any changes required through the submission and hearing process that will follow.
"We now expect the Variation to be notified by the end of November. The decision is one that all Councils should consider," Mr Taylor concluded.
Greg Milner-White from Kensington Swan was the lawyer for EDS in the case.
ENDS
To view the blank pages see here.
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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