Coastal Ratepayers United Inc v Kapiti Coast District Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

23/11/2016

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

RESOURCE MANAGEMENT - interim decision regarding applications for declarations in respect of a review of the operative Kapiti Coast District Plan (the ODP) and the notification and processing of a Proposed District Plan (PDP) replacing the ODP - the Council proposes to withdraw a number of provisions and proposed provisions in the PDP - those provisions relate to coastal hazard lines and coastal hazard areas
HELD: CRU has conflated reviews of district plans under s79 Resource Management Act 1991 and changes to district plans pursuant to the process in Schedule 1 RMA - it is open to a local authority to give effect to a determination under s79 to alter a district plan by undertaking a number of consequent plan changes - the Council has undertaken a full review but has not made a decision that the coastal hazards provisions of the ODP do not require alteration as suggested by CRU - as the coastal hazards provisions have been withdrawn from the PDP, a further plan change will have to be made - until such time as that is done, the existing coastal hazards provisions are part of the ODP until they are changed - a delay of four years in starting the required alteration might be pushing the boundaries of promptness required by s21 RMA - given the impact of climate change and the far-reaching effect the changes may have, it is more important to get it right than to be quick - first declaration declined - test identified in West Coast Regional Council v Royal Forest and Bird Protection Society is appropriate when assessing the effect of the alteration on the remaining parts of the PDP - parties to file memoranda on questions raised

CASE DOCUMENTS

Coastal Ratepayers United Inc v Kapiti Coast District Council [2017] NZEnvC 31