Environment Court delivers interim appeal decision

An interim decision by the Environment Court is directing the regional council to enter into a potential pre-hearing conference as more work needs to be done on its Southland Water and Land Plan, particularly relating to the Treaty of Waitangi.

Judge Jane Borthwick, two commissioners and a special adviser began to hear appeals to Topic A (the objectives and physiographic zone policies) of the plan in June.

In their interim finding, they say ‘‘we have in mind to refer the objectives and policies (of the plan) to either mediation or expert conferencing’’. But, no referral will be made until there is a settled view on the scheme of the plan.

After the Christmas break, the Environment Court will direct the council to liaise with parties, who have appealed the plan, over the filing of submissions and evidence, if required.

Specifically, the parties are to address the interpretation and implementation of Te Mana o te Wai and ki uta ki tai in the plan.

Secondly, the parties are to address how the plan is to take into account the principles of the treaty, the judge’s interim decision says.

The council has until February 3 to confer with the parties, who appealed, and outline a proposed timetable for the exchange of evidence.

The council’s proposed Southland Water and Land Plan seeks to address activities known to have a significant effect on water quality.

Yesterday, Environment Southland said its staff and the appeals team would take time to carefully consider the interim findings and they would not be in a position to answer specific questions until next month.

A final decision on the plan will not be made until the remainder of the appeal topics have been heard next year.