Sixteen appeals to the Environment Court were lodged against decisions on submissions and further submissions to the Proposed District Plan. These were processed through the legal Environment Court process. The appeals covered a range of issues. All appeals have been resolved.
An “Appeals Version” of the Proposed District Plan is available here. This version of the Plan, along with the accompanying Planning and Hazard Maps, has been updated to reflect consent orders issued by the Court.
All provisions of the Proposed District Plan are to be treated as operative. There is a remaining formal process and some administrative work to be carried out before it can officially be called the Operative District Plan.
Consent orders
Some appeals raised issues that were able to be dealt with in a single consent order. However, in some cases, because more than one appellant may have been involved, the issues raised through appeals were grouped into topics.The table shows the consent orders; details on the individual appeals are provided below the table.
Issue | Appellants | Consent orders |
Dairy Processing Activities | Blue River Dairy LP | 31 July 2017
|
Telecommunications and Radio Communications Facilities
|
Spark NZ Trading Ltd | 31 July 2017 |
Community Corrections Facilities | Department of Corrections | 31 July 2017
|
Extension of services | ICC Water Manager | 14 Sep 2017
|
Seaport Zones, Transportation | SouthPort Oil Companies |
31 July 2017
|
Coastal Environment, Soils, Minerals and Earthworks | Director-General of Conservation Powernet Ltd South Port NZ Ltd Royal Forest and Bird Protection Society of NZ Transpower NZ Ltd |
18 Oct 2017 |
Residential 3 Zone – partial Agreement – 319 Bainfield Rd | Heenan, Dixon, Munro Scott, Oakland Family Trust |
31 Oct 2017
|
Temporary Military Training Activities | Minister of Defence | 10 Nov 2017
|
Infrastructure, Hazardous Substances, and Energy | Oil Companies PowerNet Ltd South Port NZ Ltd, Invercargill Airport Ltd, Transpower NZ Ltd |
10 Nov 2017
|
Invercargill Airport and associated reverse sensitivity issues
|
Invercargill Airport Ltd | 8 Feb 2018 |
Zoning: 208 Gore Street, Bluff | W and J Smellie | 16 Feb 2018 Appeal discontinued
|
Biodiversity DP Consent Order Court Decision – Part 1: Definition Court Decision – Part 2: Definition amended |
Director-General of Conservation Powernet Ltd Royal Forest and Bird Protection Society of NZ Transpower Ltd |
24 September 2018 |
Niagara Sawmilling Company Ltd |
3 December 2018
|
|
Residential 3 Zone | G Simmons
Heenan, Dixon, Munro, Scott and Oakland Family Trust
|
15 February 2019 |
Details of Appeals
Blue River Dairy LP
ENV – 2016 – CHC -089
Notice of Appeal: Blue River
BP Oil NZ Ltd, Mobil Oil NZ Ltd and Z Energy Ltd (“the Oil Companies”)
ENV – 2016 – CHC – 074
Notice of Appeal: Oil Companies
Department of Corrections
ENV – 2016 – CHC -094
Notice of Appeal: Department of Corrections
Director-General of Conservation
ENV – 2016 – CHC – 091
Notice of Appeal: Director-General of Conservation
s274 Parties: Ballance Agri-Nutrients, Federated Farmers of NZ, NZ Aluminium Smelters Ltd, Royal Forest and Bird Protection Society of New Zealand Inc, South Port NZ Ltd, Southland Regional Council, Transpower NZ Ltd
G Simmons
ENV – 2016 – CHC – 101
Notice of Appeal: G Simmons
s274 Parties: Southland Regional Council
Heenan, Dixon, Munro, Scott and Oakland Family Trust
ENV – 2016 – CHC – 097
Notice of Appeal: Heenan, Dixon, Munro, Scott and Oakland Family Trust
s274 Parties: Southland Regional Council, Mr W Devine
Invercargill Airport Ltd
ENV – 2016 – CHC – 095
Notice of Appeal: Invercargill Airport
s274 Parties: Southland Regional Council
Invercargill City Council – Water Manager
ENV – 2016 – CHC – 096
Notice of Appeal: Invercargill City Council – Water Manager
s274 Parties: Southland Regional Council
Minister of Defence
ENV – 2016 – CHC -090
Notice of Appeal: Minister of Defence
Niagara Sawmilling Company Ltd
ENV – 2016 – CHC – 098
Notice of Appeal: Niagara Sawmilling
s274 Parties: Mr B Stephenson, Mr Q Stephenson, Mrs R Stephenson, Mr S de Garnham
PowerNet Ltd
ENV – 2016 – CHC -092
Notice of Appeal: PowerNet
s274 Parties: Director-General of Conservation, Federated Farmers of NZ, Invercargill Airport Ltd, Southland Regional Council
Royal Forest and Bird Protection Society of New Zealand Inc
ENV – 2016 – CHC – 099
Notice of Appeal: Royal Forest and Bird Protection Society
s274 Parties: Director-General of Conservation, Federated Farmers of NZ, NZ Aluminium Smelters Ltd, Southland Regional Council, Transpower NZ Ltd
South Port New Zealand Ltd
ENV – 2016 – CHC – 093
Notice of Appeal: South Port
s274 Parties: Director-General of Conservation, Federated Farmers of NZ, Invercargill Airport Ltd, Southland Regional Council, Transpower NZ Ltd
Spark New Zealand Trading Ltd
ENV – 2016 – CHC – 116
Notice of Appeal: Spark
Transpower New Zealand Ltd
ENV – 2016 – CHC -100
Notice of Appeal: Transpower
s274 Parties: Director-General of Conservation, Federated Farmers of NZ, Invercargill Airport Ltd, South Port NZ Ltd, Southland Regional Council
W and J Smellie
ENV – 2016 – CHC – 081
Notice of Appeal: W and J Smellie