8 Aug 2013
ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED and SUSTAIN OUR SOUNDS v THE NEW ZEALAND KING SALMON COMPANY LIMITED [2013] NZHC 1992
- Citation
- [2013] NZHC 1992
- Court
- High Court
The High Court held the Board did not commit errors of law: it lawfully conducted a combined factual inquiry then applied the distinct legal tests required for plan change and concurrent consents in the correct sequence; it permissibly weighed the precautionary approach against adaptive management and could rely on anticipated consent conditions in assessing a site-specific plan change; the conditional regime and peer review processes did not amount to unlawful delegation; s32 does not require a mandatory comparative assessment of alternative locations for site-specific plan change requests;…