[Full judgment: Royal_Forest_and_Bird_Protection_Society_of_New_Zealand_Inc_v_Buller_Dis.pdf]

IN THE HIGH COURT OF NEW ZEALAND
CHRISTCHURCH REGISTRY
CIV-2013-409-789
[2013] NZHC 1324

IN THE MATTER OF an appeal under s 299 Resource Management Act 1991
BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED
Appellant
AND BULLER DISTRICT COUNCIL AND WEST COAST REGIONAL COUNCIL
First Respondents
BULLER COAL LIMITED
Second Respondent
AND WEST COAST ENVIRONMENTAL NETWORK INCORPORATED
Interested Party

Hearing: 27, 28 and 30 May 2013
Appearances: P D Anderson and S R Gepp for the Appellant
B G Williams and R A Lowe for First Respondents
J O M Appleyard for Second Respondent
Q A M Davies for Interested Party
Judgment: 6 June 2013

JUDGMENT OF FOGARTY J

Introduction
[1] The Environment Court has delivered two decisions in relation to an application by Buller Coal Ltd (BCL) for consents required to establish an open cast coal mine on the Denniston Plateau on the West Coast. This proposed open cast coal mine is known as the escarpment mine proposal (EMP).

[…]

[68] While I consider that in the context before it, the Environment Court could have distinguished [84], but not the preceding reasoning, particularly [34] to [83], the Environment Court did not err in the way it applied [84]. Second, its factual finding of “speculative” as to the future implementation of the Sullivan Mine proposal ruled out, as a matter of law, cumulative effect analysis. This is because the submissions of BCL set out in [43] are applicable, given this finding of fact.

[69] It follows that there is no material error of law in this decision not to embark upon cumulative effect analysis. This appeal is dismissed. Costs are reserved.

Solicitors:
Royal

[Full judgment: Royal_Forest_and_Bird_Protection_Society_of_New_Zealand_Inc_v_Buller_Dis.pdf]

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