Gallagher v Tasman District Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

01/09/2014

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

(Excerpt from judgment)

[1] Devin and Charmaine Gallagher (the Appellants) have appealed a decision of Tasman District Council (the Council) in respect of proposed Plan Change 22 (PC22) to the Tasman Resource Management Plan (the District Plan-a combined district and regional plan) pursuant to the provisions of Clause 14(1) of Schedule 1 of the Resource Management Act 1991 (RMA).

[2] PC22 sought to impose controls on subdivision and development of land situated in the Mapua/Ruby Bay area which the Council considered to be at risk from coastal erosion together with stormwater and seawater inundation. The Appellants are the owners of land which is to be subject to the proposed controls and filed a submission in opposition to PC22. The Council substantially disallowed the submission giving rise to this appeal.

CASE DOCUMENTS

Gallagher v Tasman District Council [2014] NZEnvC 245