Unitary Plan is ‘unlawful’ says Forest & Bird appeal

New Zealand’s leading conservation organisation has appealed the Proposed Auckland Unitary Plan to the High Court.

Solicitors say the unitary plan is ‘‘unlawful’’ because it fails to identify significant ecological areas (SEAs), which does not adhere to the Resource Management Act (RMA).

The appeal references the criteria by which SEAs are identified, both on land and marine areas, and the policies that will protect them.

The North Shore’s Shoal Bay, Lucas Creek and Okura Estuary are examples of existing SEAs, which are identified by a certain criteria and then are mapped in a district plan, acquiring protection.

Solicitor Sally Gepp says, under the proposed unitary plan, ecologically important land areas are not being mapped as SEAs, because of their development potential.

‘‘All the significant ecological areas in Auckland are required to be protected. The first step is to map them,’’ Gepp says. ‘‘After they are identified, then the Council can make a judgment call about the extent of development that should be allowed, and on what conditions. Such as avoiding the most important areas, or replanting areas that get destroyed.’’

Marine SEA identification is also being appealed, as, according to the proposed plan the criteria for SEAs will not be met if marine areas are ‘‘human modified’’.

Gepp says ‘‘arguably’’ almost all marine areas have been modified in some way, such as for personal boat docks or mangrove removals. ‘‘Human modified’’ could include pollution from development areas, which means, if a development site leaks sediment into a waterway, it wont meet the criteria as a SEA.

Forest & Bird North Shore branch chairman Richard Hursthouse says Auckland needs strong environmental protection alongside future development plans.

‘‘We need all the backing we can get,’’ he says.

‘‘There are huge pressures on the natural environment. We need all the backing we can get.’’

Richard Hursthouse