7 Mar 2008
COROMANDEL MARINE FARMERS V WAIKATO REGIONAL COUNCIL HC AK CIV 2006-419-000877
- Citation
- openlaw-59e2dde2_6a0b_47be_af11_58050c8378ab.pdf
- Court
- High Court
The Court dismissed CMFA's declaratory application and appeal because MFP 364, by its own condition 2, required any necessary resource consents to be obtained and be kept in force; no such consents were obtained and the purported Certificate of Compliance did not validly address the operative regional coastal plan, therefore the permit was void and not in force on 31 December 2004 and could not be deemed a coastal permit under s20(2) Aquaculture Reform Act 2004. Consequently CMFA was not entitled to the declaration. The Environment Court's bespoke amendment to the proposed plan exceeded the s…