The Environmental Defence Society Incorporated v Rodney District Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

11/08/2009

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Other

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

RESOURCE MANAGEMENT - appeal under cl14, Schedule 1, Resource Management Act 1991 in relation to controls and activity status of forestry in landscape protection rural zone and east coast rural zone of the Rodney district plan - appellant Society sought: - (i) that forestry be permitted up to 10ha subject to standards applying to all permitted forestry in the rural area; - (ii) that forestry greater than 10ha have controlled activity status where management plan had been prepared and submitted; - (iii) that restricted discretionary status be applied to forestry greater than 10ha where management plan was not submitted as part of the application - whether forestry should be subject to additional controls and different activity status within the landscape protection rural zone and the east coast rural zone given that it was permitted activity otherwise in the rural area - issues: - (i) the appropriate standards that should apply to permitted forestry activity at least within the subzones; - (ii) whether those standards better addressed the identified effects than the controlled and restricted discretionary activity status identified by the appellant

HELD: primary productivity was key component of sustainable management - question of carbon sequestration brought to the forefront of public thinking by recent climate change and emissions trading schemes - forestry could not be discounted as appropriate primary activity with ability to sequester carbon dioxide at least in the medium term - efficiency and effectiveness of provisions and benefits and costs compared - conclusion that respondent's position would properly enable and protect rural activity while at the same time avoiding remedying or mitigating adverse effects subject to addition of two additional standards relating to riparian margins and setback from roads or external boundaries - while appellant's provisions would also meet pt2 of the Act, they were more restrictive and would not achieve and implement the council's policy of enabling forestry to the same degree - council provisions would better enable the primary production in rural zone - directions as to opportunity to consider final wording - no order as to costs

CASE DOCUMENTS

The Environmental Defence Society Incorporated v Rodney District Council A117/2009 [2009] NZEnvC 312