New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Regional plan rules

Legal area

Court

20 Jul 2022

AOTEAROA WATER ACTION INCORPORATED v CANTERBURY REGIONAL COUNCIL [2022] NZCA 325

Citation

[2022] 3 NZLR918
Court

Court of Appeal

Where a regional plan (the LWRP) defines 'taking and use' of groundwater as a single regulated activity and links assessment of the amount taken to the proposed use (r 5.128 and rr 5.129–5.130), a consent authority cannot lawfully grant a standalone consent authorising only the 'use' of water for a new purpose without considering and authorising the associated 'take'; the Council's grant of standalone use consents CRC180728, CRC180729 and CRC182812, and consequent amalgamations dependent on them, was unlawful and those consents are set aside.
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.