17 Apr 2014
ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED v THE NEW ZEALAND KING SALMON COMPANY LIMITED [2014] NZSC 38
- Citation
- (2014) 17 ELRNZ 442
- Court
- Supreme Court
The NZCPS policies 13(1)(a) and 15(a) require avoidance of adverse effects on areas of outstanding coastal natural character and outstanding natural features/landscapes; 'avoid' means prevent or not allow and 'inappropriate' is assessed against the attributes the policies seek to protect; a consent authority (or board) must give effect to the NZCPS rather than substitute an overall s5 balancing that permits departures from those mandatory policy directions; on the Board's factual findings the Papatua plan change failed to give effect to those NZCPS policies and therefore did not comply with s…