Wilson v Waikato Regional Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

02/09/2020

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Threatened species

REVIEW TYPE

Merits review

SUMMARY

Excerpt from judgment

[1] This interim decision is on an appeal against the grant of a coastal permit to use and occupy part of the coastal marine area (‘CMA’). This is for a mussel spat farm proposed in coastal waters of Mercury Bay / Te Whanganui o Hei (‘Bay’) in the Coromandel. The consent was granted by Independent Commissioners for Waikato Regional Council (‘WRC’) in April 2020. The appellant, Warwick Wilson, seeks a reversal of that outcome such that consent is declined.

…

[148] We accept that climate change adds a dynamic that makes it more difficult to make predictions about the future locations and states of habitats and the related vulnerability of marine mammals. On the other hand, we can approach our determination on the basis that there is some capacity for later regulatory intervention, should consent be granted. In particular, any consent would be for a specified term (≤ 20 years) and on conditions that can include capacity to undertake condition review.

CASE DOCUMENTS

Wilson v Waikato Regional Council [2021] NZEnvC 131