18 May 2018
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v AUCKLAND COUNCIL [2018] NZHC 1069
- Citation
- [2018] NZHC 1069
- Court
- High Court
The Panel erred in law by deleting or modifying the SEA overlay on the basis of other planning imperatives; identification of SEAs under s6(c) requires a factual ecological assessment independent of planning outcomes, and consequently the SEA overlay must be reinstated for the affected areas with consequential determinations of management and activity status to be addressed in the Environment Court where necessary.