18 Nov 2021
MINISTER OF CONSERVATION v MANGAWHAI HARBOUR RESTORATION SOCIETY INCORPORATED [2021] NZHC 3113
- Citation
- [2021] NZHC 3113
- Court
- High Court
The Freshwater Standards adopt the Freshwater Policy Statement meaning of 'natural wetland' which imports the RMA definition of 'wetland' and therefore includes wetlands located in the coastal marine area; contextual considerations (titles, headings, s80A, practical consequences) did not provide sufficiently strong reasons to displace the defined meaning; consequently the Environment Court erred in limiting NES-F application to the CMA only upstream of river mouths and its declarations were quashed and replaced by declarations that NES-F apply to natural wetlands in the CMA and that the Envir…