Salmon Resource Management Act 1991 28/6/16 Update Summary

COMMENTARY Commentary has been included on the following cases:

RESOURCE MANAGEMENT ACT 1991 District plan proposed — Jurisdiction — Maori Culture Trustees of the Opihi Whanaungakore v Whakatane DC [2016] NZEnvC 35 — Unsuccessful appeal against decisions by hearing commissioners on submissions to the proposed district plan. Held, relief sought was beyond jurisdiction under sch 1, cl 14(2): [RMSch1.14.02]. Procedural Pickering v CC [2016] NZEnvC 46 — Appeals against decision by council to grant resource consent concerning operation of a wind turbine. Held, Court made orders under s 42(2) to protect the confidentiality of the terms of a side agreement, containing a confidentiality clause: [RM42.02]. District plan change — Rural — Building — Effect adverse Horticulture Ltd v Far North DC [2016] NZEnvC 47 — Appeals against provisions of Plan Change 15 to the Far North District Plan. Held, proposed Bulletin — 2 Salmon 28/6/16 increased setback provisions were an inefficient and ineffective way of achieving the objectives and policies in order to deal with incompatible activities: [RM32.02]. Procedural — Waiver — Strike out — Security for costs — Appeal vexatious Persico v CC [2016] NZEnvC 37 — Unsuccessful application for waiver of late service on other parties to an appeal. Held, compliance with service requirements is not just a formality and failure to do so has a substantial “knock-on” effect in terms of prompt completion of the appeal process: [RM281.01]. Resource consent — Farming — Discharge to air — Reverse sensitivity — Odour Craddock Farms Ltd v Council [2016] NZEnvC 51 — Unsuccessful appeal against decision by commissioners for council to decline resource consents to establish and operate a large layer chicken farm. Held, potential adverse odour effects would be beyond extent and level which a reasonable person should have to experience: [RM7.05], [RM104.03(2)]. Resource consent — Subdivision — Rural residential — District plan — Precedent — Travellers accommodation Harris v Central Otago DC [2016] NZEnvC 52 — Successful appeal against the decision by council to decline application to subdivide a rural residential allotment. Held, policies of the plan would be better achieved by granting consent than by refusing it: [RM104D.04]. Declaration — District plan proposed — Jurisdiction — Activity — Resource consent — Interpretation Re Auckland Council [2016] NZEnvC 56 — Unsuccessful application by council for declarations. Held, definition of Framework Plan provisions in the proposed Auckland Unitary Plan was not certain and the matters over which the council proposed to restrict its discretion would arguably be ultra vires s 77A and void for uncertainty: [RM77A.02].

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