29 Oct 2019
MARLBOROUGH DISTRICT COUNCIL v ZINDIA LIMITED [2019] NZHC 2765
- Citation
- (2019) 21 ELRNZ 364
- Court
- High Court
The Environment Court erred in interpreting Consent U120345.1 as expressly authorising commercial forestry harvesting; the correct construction is that the consent authorised preparatory works for harvesting (roads, landings, culverts, barge ramp) and some volunteered mitigation conditions, but did not extend to authorise the felling and removal of trees across the block. Accordingly the abatement notice cancelling those operations was improperly set aside and must be reinstated.