Otago Regional Council v Dunedin City Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

26/06/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

RESOURCE MANAGEMENT - unsuccessful appeal against consent to build a dwelling - applicant proposed to a build a 405m2 house on their 4,048m2 property in Karitane - land was zoned rural and was less than 1 metre above sea level (masl) - house was to be on columns (a 'pole house') with a minimum floor level of 3.7masl, although the garage would be lower than that - applicants successfully applied for land use consent for a non-complying activity (non-complying activity as site was less than 15 hectares in the rural zone) - Jun 2009, the appellant (ORC) appealed the grant of consent - the respondent proposed to restore the largest part of their property as an estuarine wetland.

At [21]: In considering effects on the environment it is appropriate to consider the future state of the environment. I am mindful of RMA section 7(i) which requires consent authorities to have particular regard to the effects of climate change, one of which is a rise in sea level. The Ministry for the Environment has noted there are considerable uncertainties with sea level rise due to climate change. It recommends that for planning and decision time frames out to the 2090s that the 1980-1999 average sea level should be increased by 0.5 metres and potential consequences of an increase of 0.8 metres should be considered.

CASE DOCUMENTS

Otago Regional Council v Dunedin City Council [2010] NZEnvC 120