Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

22/07/2020

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Water

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest)

Administrative law — Judicial review — New Zealand Environment Court (NZEC) — Error of law

Appeal against decision of New Zealand Environment Court (NZEC). Company engaged in large-scale water bottling and distribution business sought consent from respondent to take groundwater for water bottling operation. Sought further from District Council to vary conditions applying to existing land use consent to allow expansion of water bottling plant. Appellant was post-settlement governance entity, made up of 22 hapu representatives and group of residents living near water bottling plant appealed to NZEC. Applicant sought appeal of NZEC erroneous approach on 'end use' when assessing grant of application for resource consent pursuant to Resource Management Act (RMA) s 104 and failed to have recourse to s 8.

Finding that each party not allowed under RMA s 301 appealing in one NZEC proceeding to become party in appeal in relation to other NZEC proceeding, or do not have standing to become party to each other's appeal. Finding that NZEC did not err in excluding consideration of end use of water take as well cultural effects of exporting water were justified and evidence were not susceptible to challenge under RMA s 299. Finding that NZEC did not erred by declining recourse to RMA Pt 2. Finding that NZEC did not erred on grant of consent absence of evidence of any adverse effect and upon determining activity status was discretionary rural processing activity rather than noncomplying industrial activity. Appeal dismissed

CASE DOCUMENTS

Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2020] NZHC 3388