22 Jul 2022
OTAGO REGIONAL COUNCIL v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2022] NZHC 1777
- Citation
- [2022] NZHC 1777
- Court
- High Court
The Court held the Otago Regional Council erred in law by treating the whole Proposed Otago Regional Policy Statement 2021 as a freshwater planning instrument; s 80A(3) requires the council to determine which parts directly relate to the maintenance or enhancement of freshwater quality or quantity or directly give effect to those parts of the NPSFM that do so, and only those parts may be subject to the freshwater planning process; other parts must proceed under the standard Schedule 1, Part 1 process; ORC must reassess, notify freshwater parts and continue processing non-freshwater parts acco…