Action by Environmental Defence Society unnecessary

Kaipara District Council (KDC) are surprised at the unnecessarily expensive steps taken by the Environmental Defence Society (EDS) to issue an application for a declaration from the Environmental Court that the Proposed District Plan is unlawful. EDS claims that KDC notified a review of its district plan without proposing protection of outstanding natural landscapes as required by the Resource Management Act.


Contrary to the assertions of EDS, KDC fully understood it was required to consider outstanding landscapes. However of principal concern was protecting the District’s taonga, the Kaipara and Mangawhai Harbours, for the people of Kaipara, the nation and the world environment.


The Proposed District Plan has special emphasis on the harbours and their immediate tributaries. This is to ensure they continue to be safe places for people to play, fish and admire. As has been said, "Imagine a world without snapper!” It has been proven that 98% of New Zealand's snapper can be genetically traced to the Kaipara Harbour.


KDC also decided to leave the chapter in the Proposed District Plan on outstanding landscapes blank due to the unreasoned approach by Farmers of New Zealand in relation to outstanding landscapes.


KDC was aware there would be concern from environmental advocates such as EDS. With that in mind KDC informally discussed its approach with the Ministry for the Environment. The Ministry understood KDC’s position and did not oppose the notification of the Proposed District Plan with the Outstanding Landscapes Chapter left blank.




KDC has previously met with EDS and explained its position. KDC is most surprised the Society has issued proceedings as it had been agreed that KDC’s Chief Executive would take advice, report to Council and advise EDS of KDC’s formal position in February this year.


KDC also explained to EDS during those meetings that it was not opposed to including outstanding landscapes in the Proposed District Plan but rather had adopted the current position to ensure the more important taonga was protected and to save the ratepayers money.




KDC is staggered at the unnecessarily costly steps taken by EDS given that the Council is likely to meet the concerns of EDS without the need for legal action. EDS will have incurred significant costs to prepare its declaration which seems to be a total waste of money and resources.


Unfortunately EDS’ actions also mean that the ratepayers of the Kaipara District will unnecessarily incur costs in KDC dealing with the application. However Council will be looking for ways to minimise the costs to the ratepayers.