Environmental Law Reports of 18 ELRNZ 419 to 488

CASES REPORTED IN THIS UPDATE: Hawke’s Bay and Eastern Fish and Game Councils v Hawke’s Bay Regional Council (2014) (HC) ...... 438 Mahanga E Tu Inc v Hawkes Bay Regional Council (2014) (EnvC) ...... 419 Meridian Energy Ltd v Council (2014) (HC) ...... 473

Bulletin — 2 Environmental Law Reports of New Zealand

INDEX OF CASES REPORTED: HIGH COURT Regional plan — River — Dam — National Policy Statement — Consultation — Appeal against a Board of Inquiry decision on the Tukituki Catchment Proposal — Whether the Board made errors of law when it constructed a factual deeming provision in a rule in the Hawke’s Bay Regional Management Plan — Resource Management Act 1991, ss 3, 5(2), 32. Hawke’s Bay and Eastern Fish and Game Councils v Hawke’s Bay Regional Council (HC)...... 438 RESOURCE MANAGEMENT Coastal subdivision — Erosion — Mitigation — Conditions — Maori values — Appropriate planning period for residential development in an area with known coastal hazard risks — Investigation of which part of the site was subject to coastal hazard risks within that time period — Extent to which the proposal avoided, remedied or mitigated the effects of coastal erosion — Resource Management Act 1991, s 106. Mahanga E Tu Inc v Hawkes Bay Regional Council (EnvC) ...... 419 Consents — Land use — Whether Meridian Energy Ltd required land use consent from the Southland District Council to carry out an upgrade of a ventilation shaft at — Whether Manapouri- Development Act 1963 overrode the requirements for land use consents that would otherwise apply in relation to Manapouri Power Station under Resource Management Act 1991 — Manapouri-Te Anau Development Act 1963, ss 4, 5, 8; Resource Management Act 1991, ss 9, 10, 14, 383, 386. Meridian Energy Ltd v Southland District Council (HC) ...... 473 Water — Whether Meridian Energy Ltd required land use consent from the Southland District Council to carry out an upgrade of a ventilation shaft at Manapouri Power Station — Whether Manapouri-Te Anau Development Act 1963 overrode the requirements for land use consents that would otherwise apply in relation to Manapouri Power Station under Resource Management Act 1991 — Manapouri-Te Anau Development Act 1963, ss 4, 5, 8; Resource Management Act 1991, ss 9, 10, 14, 383, 386. Meridian Energy Ltd v Southland District Council (HC) ...... 473 STATUTORY INTERPRETATION Special purpose legislation — Whether Meridian Energy Ltd required land use consent from the Southland District Council to carry out an upgrade of a ventilation shaft at Manapouri Power Station — Whether Manapouri-Te Anau Development Act 1963 overrode the requirements for land use consents that would otherwise apply in relation to Manapouri Power Station under Resource Management Act 1991 — Manapouri-Te Anau Development Act 1963, ss 4, 5, 8; Resource Management Act 1991, ss 9, 10, 14, 383, 386. Meridian Energy Ltd v Southland District Council (HC) ...... 473 UTILITIES Electricity — Generation — Hydro — Whether Meridian Energy Ltd required land use consent from the Southland District Council to carry out an upgrade of a ventilation shaft at Manapouri Power Station — Whether Manapouri-Te Anau Development Act 1963 overrode the requirements for land use consents that would otherwise apply in relation to Manapouri Power Station under Resource Management Act 1991 — Manapouri-Te Anau Development Act 1963, ss 4, 5, 8; Resource Management Act 1991, ss 9, 10, 14, 383, 386. Meridian Energy Ltd v Southland District Council (HC) ...... 473