30 Jun 2011
WEST COAST REGIONAL COUNCIL V FRIENDS OF SHEARER SWAMP INCORPORATED HC CHCH CIV-2010-409-002466
- Citation
- openlaw-7f9e9482_9756_4422_945a_83e07ff4a4b0.pdf
- Court
- High Court
The High Court dismissed the appeal, holding the Environment Court did not commit an error of law: it lawfully considered national and regional factors, appropriately relied on ecological expert evidence to formulate practicable significance criteria, correctly interpreted 'significant' as focusing on values and attributes rather than class size alone (thus allowing relativity via value‑based criteria), and had regard to s5 without requiring pre‑emptive s5 balancing at the identification stage.