4 Aug 2017
BROOK VALLEY COMMUNITY GROUP INCORPORATED v THE TRUSTEES OF THE BROOK WAIMARAMA SANCTUARY TRUST & OTHERS [2017] NZHC 1844
- Citation
- [2017] NZHC 1844
- Court
- High Court
The Regulations were validly promulgated under s 360(1)(h) of the RMA to exempt discharges under s 15; the Trust's fence met the predator-proof standard so the Trust could rely on the exemption; s 13(1)(d) (deposit in beds) is a distinct, narrower concept directed at direct physical interference with riverbeds and does not overlap so as to require duplicate consents for the same discharge; no material error of law or fact, procedural unfairness, or unreasonableness was established and the plaintiff's judicial review and declaratory claims are dismissed.