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Outcome of High Court case regarding Upper Waitaki farming Consents

Waitaki District Council

Friday 30 July 2010, 2:29PM

By Waitaki District Council

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OTAGO

Council decided that as a responsible public authority, the most appropriate course of action was to indicate that the Council would not defend its decisions. The High Court was notified of the Council’s position on 18 June.
An internal review by Council revealed a technical error in delegations to officers. To continue to defend litigation by the Environmental Defence Society (EDS) would have been lengthy, costly with a low chance of success.
Council was likely to have serious difficulties in upholding the decisions being challenged by EDS. The most significant difficulty was due to the technical process error. To have continued to defend the litigation would have led to significant costs, delays and stress.
The issue was discussed fully with the applicants as soon as Council became aware of the issue in late February and early March. EDS was made aware of the issue more recently.
Council’s delegations have since been corrected. Acting Chief Executive Thunes Cloete maintains that previous decisions on resource consents remain valid. “Decisions on resource consents are always subject to challenge and in this case we did not have the correct administrative procedures in place” he went on to say.
Councillor Struan Munro, chairman of the Hearings Committee, notes that decisions on landscape protection for areas of the Mackenzie Basin that lie in the Waitaki District are due out soon. These decisions will show the areas that are considered significant and are to be protected, while also allowing some development on less sensitive parts.