Draft:Auckland Council v Auckland Council
| Auckland Council v Auckland Council | |
|---|---|
 | |
| Court | Environment Court of New Zealand |
| Decided | August 10, 2020 |
| Court membership | |
| Judge sitting | David Kirkpatrick |
| Keywords | |
| Resource Management Act 1991 | |
Auckland Council v Auckland Council [2020] NZEnvC 122 is a decision of the Environment Court of New Zealand which granted a resource consent to Auckland Council for a proposed seawall and walkway on Orewa Beach. After the consent application was declined by an independent panel of commissioners, who were considering the application on behalf of the council, Auckland Council appealed to the Environment Court. The appeal gained media attention as the council had effectively appealed its own decision.
Background
[edit]Orewa Beach is subject to flooding and erosion.[1][2]
In 2010, Rodney District Council applied for a resource consent to build a 600 metre-long seawall on the northern end of Orewa Beach, but commissioners considering the application declined to grant a resource consent for it. The commissioners described the project as "experimental" and cited a lack of comprehensive testing or evaluation of the seawall and noting shortcomings in its design.[1]
Seawall
[edit]Following a storm in 2013, Auckland Council's community facilities department began planning to build a new walkway and seawall on Orewa Beach. In 2015, the council revealed its plan, with a cost estimate of NZ$5 million.[3]
Consent application
[edit]Auckland Council applied for resource consents to build it in 2017. As Auckland Council is the authority responsible for granting resource consents, independent commissioners were appointed to consider the application on behalf of the Council. The commissioners declined the application, finding there was no urgent need for a seawall and the proposal would risk major social and economic loss as a result of damage to the beach caused by the seawall.[2]
Appeal
[edit]Auckland Council filed an appeal in the Environment Court against the commissioner's decision. Under the Resource Management Act 1991, decisions made on behalf of consent authorities have the same effect as if the decision was made by the consent authority itself,[4] which effectively caused Auckland Council to have appealed against itself.
On 2 May 2018, the Environment Court permitted the appeal to go ahead.[5][6] On 27 May 2020, the court made an interim decision granting the resource consent, after the council made changes to the plan and limited the term of the consent to 35 years.[7] The court issued their final decision on 10 August 2020.[8]
As of July 2019, the appeal had cost Auckland Council NZ$1.26 million in legal fees.[9]
References
[edit]- ^ a b Bishara, Mike (2010-11-17). "Sea wall tumbles over". Stuff. Retrieved 2023-12-28.
- ^ a b Boreham, Jay (2017-12-15). "Protective seawall rejected after walkway transformation". Stuff. Retrieved 2023-12-28.
- ^ "Storm of protest over Orewa Beach seawall proposals". Local Matters. 2015-10-31. Retrieved 2024-07-22.
- ^ Resource Management Act 1991, s 34(8)
- ^ Sergel, Michael (2018-05-31). "$140,000 in legal fees already: Council sues itself". NZ Herald. Retrieved 2024-01-29.
- ^ Auckland Council v Auckland Council [2018] NZEnvC 56, Environment Court
- ^ Clent, Danielle (2020-06-14). "Orewa Beach seawall defence gets green light after lengthy court battle". Stuff. Retrieved 2024-01-29.
- ^ Auckland Council v Auckland Council [2020] NZEnvC 122, Environment Court
- ^ Quinn, Rowan (2019-07-29). "Auckland Council's $1.9m legal battles with itself". RNZ. Retrieved 2023-12-28.