7 Jun 2013
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v BULLER DISTRICT COUNCIL AND WEST COAST REGIONAL COUNCIL & Anor [2013] NZHC 1346
- Citation
- [2013] NZHC 1346
- Court
- High Court
Offsets and other positive environmental measures proffered by applicants are relevant considerations under s104(1)(a) and s5(2) and may be weighed in the overall sustainable management judgement, but such offsets are not the same as mitigation properly understood under s5(2)(c); the Environment Court erred in treating DBEA/HBEA as 'offset mitigation' and must separately assess mitigation at the point of impact and offsets when reconsidering conditions; DPPA and other proffers are lawful considerations though weight is for the Environment Court to assess and efficacy/security of benefits is a…