28 Aug 2018
THE TARANAKI-WHANGANUI CONSERVATION BOARD v THE ENVIRONMENTAL PROTECTION AUTHORITY [2018] NZHC 2217
- Citation
- [2018] NZHC 2217
- Court
- High Court
The DMC erred in law by adopting an unduly narrow interpretation of 'adaptive management' that excluded staged/conditional regimes which allow monitoring-driven continuation or amendment (not only outright discontinuance); several of the consent conditions imposed effectively constituted or contributed to an adaptive management approach for a discharge consent which is prohibited in the EEZ context, rendering the decision legally flawed; the DMC's decision is quashed and remitted for reconsideration applying the correct legal test.