TE RŪNANGA O NGĀTI AWA v BAY OF PLENTY REGIONAL COUNCIL [2020] NZHC 3388

TE RŪNANGA O NGĀTI AWA v BAY OF PLENTY REGIONAL COUNCIL [2020] NZHC 3388

The High Court dismissed the appeals. The Environment Court did not err in law in its Jurisdictional Overview or substantive decision: (1) cultural effects of exporting bottled water were considered and the Environment Court's factual findings that there would be no loss of mauri and that kaitiakitanga would not be unreasonably prevented stand and are not susceptible to legal challenge on this appeal; (2) consequential effects of plastic bottle disposal and export were too remote or insufficiently connected to the grant of a regional water take or district land use consent to warrant inclusion in the s 104(1)(a) assessment in this case; (3) the regional planning framework adequately...

Citation
(2020) 22 ELRNZ323
Parties
Appellant / Interested Party: Te Rūnanga o Ngāti Awa; Respondent / First Respondent: Bay of Plenty Regional Council; Applicant for Resource Consents: Creswell New Zealand Limited; Appellant / First Interested Party: Sustainable Otakiri Incorporated; Second Interested Party / Further Appellant: Ngāti Pikiao Environmental Society; Third Interested Party / Further Appellant: Te Rūnanga o Ngāi Te Rangi Iwi Trust; Second Respondent: Whakatāne District Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 December 2020
Procedural Posture
Appeal Under S 299 Resource Management Act 1991 / Hearing on Appeal and Judgment (high Court Decision)
Outcome
Appeals dismissed
Legal Topics
End Use and Scope of Effects, Groundwater Extraction and Allocation, Section 104(1)(a) Effects Assessment, Part 2 RMA (ss 5 8) and S 8 Treaty Principles, Nexus and Remoteness, Activity Status (rural Processing V Industrial), Section 127 Variation V New Consent, Standing (s 301), Notification, Plastic Waste and Export of Water
Resource Management Environmental Law Administrative Law Indigenous / Treaty Law Planning Law End Use and Scope of Effects Groundwater Extraction and Allocation Section 104(1)(a) Effects Assessment +7 more

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Parties

Te Rūnanga o Ngāti Awa

Appellant / Interested Party

Bay of Plenty Regional Council

Respondent / First Respondent

Creswell New Zealand Limited

Applicant for Resource Consents

Sustainable Otakiri Incorporated

Appellant / First Interested Party

Ngāti Pikiao Environmental Society

Second Interested Party / Further Appellant

Te Rūnanga o Ngāi Te Rangi Iwi Trust

Third Interested Party / Further Appellant

Whakatāne District Council

Second Respondent

Procedural Posture

Appeal Under S 299 Resource Management Act 1991 / Hearing on Appeal and Judgment (high Court Decision)

Legal Issues

  1. 1 Whether parties had standing under s 301 RMA
  2. 2 Scope for raising end use (plastic bottles/export) in District consent appeal
  3. 3 Whether end use (export/packaging) is relevant under s 104(1)(a)

Ratio Decidendi

The High Court dismissed the appeals. The Environment Court did not err in law in its Jurisdictional Overview or substantive decision: (1) cultural effects of exporting bottled water were considered and the Environment Court's factual findings that there would be no loss of mauri and that kaitiakitanga would not be unreasonably prevented stand and are not susceptible to legal challenge on this appeal; (2) consequential effects of plastic bottle disposal and export were too remote or insufficiently connected to the grant of a regional water take or district land use consent to warrant inclusion in the s 104(1)(a) assessment in this case; (3) the regional planning framework adequately...

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed.
  • If costs cannot be agreed, any party seeking costs to file and serve a memorandum within 20 working days and responses within 10 working days; memoranda not to exceed three pages.