Environmental Defence Society Inc v New Zealand King Salmon Co Ltd

Environmental Defence Society Inc and Sustain Our Sounds have appealed against a decision of a Board of Inquiry which had approved a request for a plan change, and had granted resource consents for four salmon farms in the Marlborough Sounds. The Board declined to approve plan changes in respect of the remaining five sites, and declined a resource consent for a further site. The Board’s decision was challenged by the appellants on the basis of alleged errors of law. The Board’s decision involved a detailed analysis of a range of factual issues, and the weighing of competing values. The appellants contended that the Board had erred by: (i) failing to adhere to the required sequence for making decisions on a plan change and on resource consents, (ii) failing to give sufficient weight to the precautionary approach, (iii) failing to apply the correct legal test, (iv) making decisions that were contrary to the evidence, and (v) failing to give effect to objectives and policies in the New Zealand Coastal Policy Statement. The Environmental Defence Society also contended that the Board had failed to assess alternatives to the plan change, and had given inappropriate weight to certain policies in the New Zealand Coastal Policy Statement. The appeals were dismissed. The reasoning processes adopted by the Board in undertaking its task, and in weighing competing considerations, were lawful.