Genera Limited v Nelson City Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

05/11/2007

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Other

REVIEW TYPE

Merits review

SUMMARY

At [1]: This case concerns the provision that should be made for and the controls that should be applied to the use of methyl bromide as a fumigant in the Nelson District and particularly the Port of Nelson. At [42]: In terms of Part 2, there are no matters under ss 6 and 8 which are relevant to this case. Under s7, the maintenance and enhancement of amenity values and of the quality of the environment need to be considered, but the efficient use of natural and physical resources, in particular the extensive natural and physical resource of the Port of Nelson, is relevant also, as are the effects of climate change, given that methyl bromide is an ozone depleting substance. In teims of the broad overall purpose of the Act defined in s5, we recognise that the people of Nelson and surrounding districts should be enabled to provide for their economic welfare, by facilitating imports and exports without the risk of introducing pest organisms, but the provisions of the regional plan should also enable them to provide for their health and safety. Further the provisions should safeguard the life-supporting capacity of air, and provide for the avoidance, remedy or mitigation of any adverse effects of fumigation on the environment. All these competing elements must be accommodated in the final decision we make on the form of the Rule.

CASE DOCUMENTS

Genera Limited v Nelson City Council C006/2008 [2008] NZEnvC 21