21 Dec 2005
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC. V BULLER DISTRICT COUNCIL AND ANOR HC CHCH CIV-2005-485-001240
- Citation
- openlaw-995ea567_b984_48d5_9ca1_4ecd9095b95e.pdf
- Court
- High Court
The High Court dismissed the appeal: the Environment Court did not err as a matter of law. There was an evidentiary basis (conflicting expert evidence but sufficient) to impose a condition requiring direct transfer of 12ha of red tussock wetland; the balance of probabilities was the appropriate standard for assessing the likelihood of success of fauna mitigation plans (with monitoring and review to manage risk); and the predator exclusion and control measures were spatially and functionally linked mitigation (not mere off-site compensation), so the Environment Court permissibly weighed those…