2 Dec 2021
PORT OTAGO LIMITED v ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED [2021] NZCA 638
- Citation
- [2021] NZCA 638
- Court
- Court of Appeal
The Court of Appeal dismissed the appeal and held the PRPS (as drafted and as modified by the Environment Court) failed to give effect to NZCPS avoidance policies: a policy that requires adverse effects in areas of outstanding natural character to be 'avoided' cannot be converted into 'avoid, remedy or mitigate' without breaching s62(3) and King Salmon; accordingly the PRPS wording was invalid insofar as it diluted NZCPS bottom lines.