DP – Appeals

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.

IssueAppellantsConsent orders
Dairy Processing ActivitiesBlue River Dairy LP31 July 2017

 

Telecommunications and Radio Communications Facilities

 

Spark NZ Trading Ltd31 July 2017
Community Corrections FacilitiesDepartment of Corrections31 July 2017

 

Extension of servicesICC Water Manager14 Sep 2017

 

Seaport Zones, TransportationSouthPort
Oil Companies
31 July 2017

 

Coastal Environment, Soils, Minerals and EarthworksDirector-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 RdHeenan, Dixon, Munro
Scott, Oakland Family Trust
 31 Oct 2017

 

Temporary Military Training ActivitiesMinister of Defence 10 Nov 2017

 

Infrastructure, Hazardous Substances, and EnergyOil 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, BluffW and J Smellie16 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
 

Industrial 3 Zoning

 

Niagara Sawmilling Company Ltd

 

3 December 2018

 

Residential 3 ZoneG 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