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Opponents of Waste Management NZ’s (WM) plans to develop a massive new regional landfill between the Dome and Wayby Valleys are continuing to fight the move in the courts.
The latest attempt comes from Forest & Bird, whose High Court appeal against the Environment Court’s interim decision that a modified application, management plans and conditions could potentially be granted, was dismissed in December.
Senior environmental lawyer May Downing said this latest decision was in turn now being appealed.
“I can confirm that Forest & Bird has applied to the Court of Appeal for leave to appeal the High Court’s decision,” she said.
The grounds of appeal on which Forest & Bird is seeking leave are that the High Court misinterpreted a policy of the Auckland Unitary Plan and/or erred in its consideration of that policy when assessing the proposal under the Resource Management Act.
Forest & Bird also says that the High Court erred “by not upholding alleged errors of law in relation to whether, as a matter of law, protection and riparian planting of streams elsewhere can avoid loss to river extent”.
Downing said, by way of context, the policy in question came from, and replicated, a clause in the National Policy Statement for Freshwater Management that states “The loss of river extent and values is avoided, unless the council is satisfied that: a) there is a functional need for the activity in that location; and b) the effects of the activity are managed by applying the effects management hierarchy”.
She added that the application was opposed by WM, so it had therefore been given a right to file submissions in opposition.
“Unfortunately, I cannot give a timeframe by which the Court of Appeal will decide on the leave application. If the Court of Appeal grants leave, hearing dates will then be scheduled.”
