12 Dec 2017
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NZ INC v BAY OF PLENTY REGIONAL COUNCIL [2017] NZHC 3080
- Citation
- [2017] NZHC 3080
- Court
- High Court
The Environment Court erred as a matter of law by proceeding largely from unchallenged RCEP objectives without giving adequate effect to higher order instruments (NZCPS and the Regional Policy Statement) as required by s 67(3) RMA and by adopting a 'proportionate'/contextual approach that failed to apply the directive 'avoid' policies identified in King Salmon; consequentially the Environment Court's approved policies and rule did not properly implement the NZCPS/RPS and the matter must be remitted for reconsideration.