P & E Ltd v Canterbury Regional Council

COURT OR TRIBUNAL

Environment Court of New Zealand, High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

12/03/2013

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Water

REVIEW TYPE

Judicial review

SUMMARY

(Excerpt from first judgment)

[1] Several questions have arisen during the hearing of this appeal about water permits for Grasmere Station in the Canterbury High Country, and the hearing has been adjourned while they are resolved. The appellant P & E Limited (“P & E“) proposes to take water from the Cass River, a tributary of the Waimakariri River, for irrigation of paddocks on the farm. The issues are: what resource consents are required under the Resource Management Act 1991 (“the RMA“ or “the Act“)1 for such a proposal? What potential effects can be considered in respect of each application? Should the potential effects of irrigation be taken into account on P & E’s application to take?

(Excerpt from second judgment)

At [189]: “…We find that the effects of climate change on water temperature are a likely additional stressor on the native fish inhabiting the Cass River which are relevant and should be considered in this proceeding.”

CASE DOCUMENTS

P & E Ltd v Canterbury Regional Council [2015] NZEnvC 106
P & E Ltd v Canterbury Regional Council [2016] NZEnvC 252
Canterbury Regional Council v P & E Ltd [2018] NZHC 905