Mangrove Protection Society v Bay of Plenty Regional Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

20/10/2016

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

RESOURCE MANAGEMENT - partially successful plan decision appeal in relation to respondent council's proposed regional coastal environment plan (RCEP) - mangrove coverage had increased in Tauranga harbour over last three to four decades due to increased sedimentation - large areas of mangroves had been removed pursuant to consents granted by respondent council - 1st appellant was concerned that mangrove removal would affect habitat - 1st appellant sought to include number of issues in the plan including issues 25B and 25D relating to climate change and mangroves' mitigation of sea level rise - 2nd appellant also argued policies should be changed including policy NH8 to provide for mangrove wetlands among other various habitats and policy DD18B for restoration of mangroves where previously removed - 2nd appellant argued mangrove wetlands were essential element of indigenous biodiversity identified in schedule 2 sites

CASE DOCUMENTS

Mangrove Protection Society v Bay of Plenty Regional Council [2016] NZEnvC 239