Auckland City Council v Auckland Regional Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

15/03/1990

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

The judgment related to appeals against decisions refusing certain resource consents in relation to a proposal for an underground transport and parking centre in the Britomart locality of central Auckland.

At [122]-[123], [243]:

The climate change and other contingencies raised by Mrs Hicks and Mr Jones reflected the experience and interests of those submitters. Their claims are capable of being relevant to this groundwater diversion proposal only to the extent that the bases for groundwater modelling have been properly prepared having regard to such contingencies. In that respect we make our findings later in this decision.

More generally those submitters raised concerns about the possible effects on the harbour edge of tsunamis or storm surges coinciding with spring tides, especially with continuing rises in sea level. In those more general respects we hold that they are too remote from the proposed earthworks and resulting groundwater diversion to be relevant to the decision on these appeals.

We have held that the sea level and climate change issues raised by Mrs Hicks and Mr Jones are relevant only to the extent that the bases for ground water modelling had been properly prepared, having regard to such contingencies.

CASE DOCUMENTS

Auckland City Council v Auckland Regional Council A028/99 [1999] NZEnvC 97; [1999] NZRMA 145