The Outstanding Landscape Protection Society Inc v Hastings District Council
COURT OR TRIBUNAL
Environment Court of New Zealand
DATE FILED (OR FIRST HEARING DATE)
17/07/2006
LITIGATION TYPE
Project Approval - Mitigation
SUBJECT MATTER
Wind farm
REVIEW TYPE
Merits review
SUMMARY
(Lexis Catchwords & Digest) Maori legal issues — Natural resources — Resource consent — Wind farm
Appeal against decision of (NZ) Hastings District Council. Appellant appealed against grant of resource consent to respondent by Hastings District Council to construct and operate 37 turbine wind farms on 600 ha site near landform called Te Waka. Respondent made proposals stage 2 of wind farm and stage 1 having been confirmed by New Zealand Environment Court (NZEnvC). Site situated near Te Pohue in Hawkes Bay.
Number of groups opposed wind farm consent on grounds of inappropriate use and development of outstanding natural landscape and adverse effects on Maori interests. Other parties supported application on grounds of positive effects of renewable energy generation and climate change response. NZEnvC weighed positive effects of proposals against adverse effects. Proposal non-complying activity and must therefore be able to cross one of two thresholds in Resource Management Act 1991, s 104D (RMA) before it could be considered for resource consent under RMA, s 104. Proposal had adverse effects on environment could not be adequately mitigated, let alone avoided or remedied, but did not mean proposal contrary to objectives and policies of Hastings district plan when considered as whole, therefore passed one of RMA, s 104. Project would use renewable natural resource of wind in way enabled community to supply itself and future generations with electricity for its social and economic well-being, and for its health and safety. Established locality of proposed wind farm of great spiritual and social importance to tangata whenua. Established relationship of Maori and culture and traditions with this site example of kind of relationship contemplated by RMA s 6(e) as being matter of national importance. Established adverse effects of proposal on what undoubtedly outstanding landscape, and its adverse effects on relationship of Maori with this land and values it has, clearly brought Court to conclusion tipping point in favour of other values had been reached. Established proposal did not promote sustainable management of natural and physical resources under RMA, s 5. Accordingly, council's decision not confirmed and consent should be declined. Appeal allowed
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