27 May 2021
TAURANGA ENVIRONMENTAL PROTECTION SOCIETY INCORPORATED v TAURANGA CITY COUNCIL [2021] NZHC 1201
- Citation
- [2021] 3 NZLR 882
- Court
- High Court
The Environment Court's decision is quashed. Although bundling the assessment of removal and realignment was not unlawful, the Environment Court erred in law by substituting its own view for the considered, consistent evidence of Ngāti Hē about significant adverse cultural effects, by applying an impermissible 'overall judgment' approach rather than carefully interpreting and applying the RCEP (and where necessary the NZCPS, NPSET and Part 2), and by failing to properly test and satisfy itself that alternatives were not 'practicable', 'practical' or 'possible' as required by the RCEP policies…