Court rejects Port Otago’s appeal bid

A bid by Port Otago to appeal a High Court finding concerning its environmental management policies directly to the Supreme Court has failed.

The litigation centres on the Otago Regional Council’s regional policy statement and whether its proposed rules governing existing ports require them to avoid affecting surf breaks, natural features and landscapes and indigenous organic biodiversity.

Following unsuccessful mediation the Environment Court found in the port’s favour, a decision overturned in a High Court appeal brought by various environmental groups and the Otago Regional Council.

The High Court found the Environment Court had not properly considered the New Zealand Coastal Policy Statement in a way consistent with previous Supreme Court rulings.

Seeking to appeal that judgement in the Supreme Court, the port sought to argue there were errors that would adversely affect its operation, and that the court misapplied the law.

The Environmental Defence Society, ORC and Forest & Bird submitted that the High Court judgement was correct and the port was attempting to relitigate the Supreme Court’s earlier cases.

The Supreme Court agreed that the appealed decision had real implications for existing ports and might well raise issues of significance beyond the facts of the Port of Otago’s case.

``We are not, however, satisfied that there are exceptional circumstances justifying a direct appeal to this Court . . . there is no reason why the Court of Appeal could not address these issues and provide the necessary clarification of the position.’’

The Supreme Court judgement said if the matter did eventually return to it for further consideration, it would be beneficial to have the Court of Appeal’s deliberations to consider.