Mainpower NZ Ltd v Hurunui District Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

06/12/2011

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

RESOURCE MANAGEMENT - successful appeal and resource consent application referred directly to EnvC - appellant proposed to establish and operate a wind farm at Mt Cass - appellant appealed the respondent's decision to decline consent and also made an application for resource consent referred directly to the EnvC in relation to the same proposal - 2nd application resulted from extensive mediation culminating in modification of the proposal - site zoned Rural in Hurunui District Plan - proposal a discretionary activity - first instance decision declined consent primarily on the basis the effects on the site's ecology were unacceptable - proposal now substantially revised to reduce those effects

HELD: appeal allowed and application for resource consent referred directly to the EnvC granted in accordance with attached conditions modified by this decision - by 16 Dec 2011, appellant and respondent to file and serve a joint memorandum confirming amendments to the conditions attached - reasons to be given if changes were proposed - by 21 Jan 2012, all parties proposing amendments to the conditions (or revised conditions if changes were proposed by the appellant and respondent) to file and service their memoranda setting out reasons for changes sought - by 28 Jan 2012, appellant and respondent to file a memorandum in response - costs reserved

CASE DOCUMENTS

Mainpower NZ Ltd v Hurunui District Council [2011] NZEnvC 384