12 Dec 2014
HAWKE'S BAY and EASTERN FISH AND GAME COUNCILS v HAWKE'S BAY REGIONAL COUNCIL [2014] NZHC 3191
- Citation
- [2014] NZHC 3191
- Court
- High Court
The Board committed errors of law by inserting a factual deeming provision into Rule TT1(j) without re-consulting parties when the amendment was a material change from the draft; the deeming provision created a factual fiction that would undermine the Regional Council's statutory ability to avoid, remedy or mitigate adverse effects (s5(2)(c)) and impeded giving proper effect to the NPSFM; the Board must reconvene to reconsider and redraft Rule TT1(j) (and consequential consent conditions) and must invite submissions, applying NPSFM 2014 and avoiding factual fictions.