30 Sept 2021
TRANS-TASMAN RESOURCES LIMITED v TARANAKI-WHANGANUI CONSERVATION BOARD, [2021] NZSC 127
- Citation
- [2021] 1 NZLR 801
- Court
- Supreme Court
Appeal dismissed. For marine discharge and dumping consents the decision-maker mustapply s10(1) purposes substantively: s10(1)(b) operates as an environmental bottom linerequiring that if material harm from a discharge cannot be avoided, mitigated so as to begiven immaterial effect, or remedied within a reasonable timeframe (taking into accounttotal duration of harm, nature of harm, existing interests and human health), the consentmust be declined. The s59 factors and s61/87E information principles must be appliedto achieve those purposes; where information is inadequate and a cautious approa…