2016
Counsel and parties:
J M Savage for Craddock Farms Limited
LFMuldowney and L E J Bielby for P L and R G Berry - s274 party
J C Brabant for Wai Shing Holdings Ltd and ors - s274'Dartie
PT Milieu-s274 party
G C Lanning and M McCullough for the Auckland Council
DECISION ON APPEAL
Decision issued: 2 j MAR 2016
The appeal is declined
Costs are reserved
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Introduction and background
[1] In
Should a valid demand for a poll be received by 11 December 2023, a poll will be held by 14 March
2024 on whether the First Past the Post or the Single Transferable Voting electoral system will be
used for the next two triennial elections (2025 and 2028) of the Taranaki Regional Council.
If a valid demand for a poll is received after 11 December 2023, a poll will be held after 14 March
2024 with the outcome applicable for the 2028 and 2031 triennial elections.
A valid demand
Regional Air Quality Plan for Taranaki (RAQP) provided significant adverse effects
on the amenity and aesthetic qualities of air are avoided, remedied or mitigated to
the extent possible.3
The case for Airport Farm is that it operates to at least the industry best practice.
Of most relevance, the changes proposed will significantly reduce the likelihood
(frequency, intensity and duration) of detectable offsite odours such that these
levels will be acceptable for the receiving
resultant
changes to the baseline monitoring programme, they have been included in this report. This is to provide
some continuity and an indication of the further work required should the project proceed.
No rating is given for environmental or administrative performance as the project was on hold for the year
under review and monitoring was for the purpose of baseline monitoring as oppose to compliance
monitoring of the exercise of any of the consents.
This report includes recommendations
Judge concluded that the appellant had not
identified any deficiency in the relevant planning instmments to justify resort to
pt 2 in accordance with King Salmon.
30 " Leave to appeal to the Court of Appeal was granted on the following
questions of law: (a) Did the High Court err in holding that the Environment
Court was not able or required to consider pt 2 of the Resource Management
Act 1991 directly and was bound by its expression in the relevant planning
documents? (b) If the first question
serious (see [146], [147], [148], [149], [150]).
(6) Section 104(1) of the Act requires a consideration of “any actual
or potential effects”. The Environment Court’s reference to “accumulative
effects” was unnecessary, and invited confusion and uncertainty
(see [160], [161]).
Dye v Auckland Regional Council [2002] 1 NZLR 337,
[2001] NZRMA 513 (CA) referred to.
Other cases mentioned in judgment
Appealing Wanaka Inc v Queenstown Lakes District Council
[2015] NZEnvC 139.
228 [2017]High
no offensive or objectionable odour or
dust at or beyond the boundary (Rule 51 of the RAQP). She further notes that the
1 Ms Booker oral response to question put by Chair; Mr Grieve's written submissions at paragraph 29.
2 Written submissions at paragraph 25.
36213699_3(003). docx
page
presence of a poultry farm on the site confirms that this is not a fanciful activity, and
that the applicant has expressed an intention to operate under Rule 51 beyond 2026
if the consent
performance.
The Company holds a total of 23 resource consents, which include a total of 186 conditions setting out the
requirements that they must satisfy. The Company holds five consents to allow it to take and use water, five
consents to discharge water or sediment into the Makara, Mangaotea and Mako streams, one consent to
discharge wastes to land around Lake Ratapiko and four land use permits for bed disturbance and
structures in the Manganui River, Mangaotea Stream and Lake Ratapiko. Seven
Plan, however the Regional Policy Statement will continue to
set out directions for integrated management, including for the coast.1
page
2
Following this, the Council will enter into the formal Schedule 1 consultation phase under
the RMA which includes public notification and calling for submissions.
The review, amongst other things, provides the Council with the opportunity of updating
its policy directions to align with national direction instruments that have changed or
adverse effects on the environment resulting from the exercise of the air discharge consents.
The ambient air quality monitoring at the production station showed that levels of carbon monoxide,
combustible gases, PM10 particulates, and nitrogen oxides were all below levels of concern at the time of
sampling. No offensive or objectionable odours were detected beyond the boundary during inspections.
During the year, Todd Energy demonstrated an overall high level of both environmental performance