Royal Forest and Bird Protection Society of New Zealand Incorporated v Auckland Council

[2018] NZHC 1344

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2016-404-2343

[2018] NZHC 1344

BETWEEN

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED
Appellant

AND

AUCKLAND COUNCIL

Respondent

Continued next page

Hearing:

On the papers

Counsel:

S Gepp and P Anderson for Appellant

J Caldwell and M Gribben for Respondent

C Kirman and A Devine for Housing NZ Corporation Inc R Gardner for Federated Farmers of New Zealand Inc

D Minhinnick and L J Eaton for Stevenson Group Ltd

B Matheson for Fulton Hogan Ltd, Brookby Quarries Ltd and Winstone Aggregates Ltd

C Sheard for New Zealand Transport Agency T Howell for Te Arai Group

J Gardner-Hopkins and L Hinchey for Transport NZ Ltd
R Enright and M Wright for Environmental Defence Society Inc M Williams for Man O’War Farm Ltd

Judgment:

8 June 2018

JUDGMENT (NO 2) OF WHATA J

This judgment was delivered by me on 8 June 2018 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v AUCKLAND COUNCIL [2018] NZHC 1344 [8 June 2018]

HOUSING NEW ZEALAND CORPORATION INC FEDERATED FARMERS OF NEW ZEALAND INC STEVENSON GROUP LIMITED

FULTON HOGAN LIMITED
BROOKBY QUARRIES LIMITED

NEW ZEALAND TRANSPORT AGENCY WINSTONE AGGREGATES LIMITED

TE ARAI GROUP
TRANSPOWER NEW ZEALAND LIMITED
ENVIRONMENTAL DEFENCE SOCIETY INC MANO’WAR FARM LIMITED

COUNTIES MANUKAU DISTRICT HEALTH BOARD

Section 301 Parties

[1]                  Subsequent to the delivery of my judgment in this matter, dated 18 May 2018, I heard from Mr Gribben, for Auckland Council. He noted that certain appendices were omitted from that judgment. For completeness, I now identify the omitted appendices, namely:

(a)The AUP maps identifying the significant ecological areas on certain sites, as shown on Appendix A;

(b)Including a new activity for any vegetation, alteration or removal within a Quarry Zone, within a SEA, along with matters of discretion and assessment criteria related to this new activity, as shown in Appendix B.

[2]                  Having conferred with Mr Gribben, I am satisfied that the omitted attachments are now included in this judgment.