Port Otago takes EDS to the Supreme Court

The principles laid down in the King Salmon case are at the forefront of ongoing litigation between Port Otago Ltd and the Environmental Defence Society (Port Otago v Environmental Defence Society [2021] NZCA 683).

The New Zealand Coastal Policy Statement 2010 (NZCPS) requires adverse effects in areas of outstanding natural character be “avoided”.  The essential question in the case before the Court of Appeal was whether a proposed regional policy statement put forward by Port Otago gives effect to that requirement, by providing adverse effects in such areas be “avoided, remedied or mitigated”.  Applying the interpretation principles set down in the King Salmon case, the Court held that the ports policy was subject to the avoidance policies, and that adverse effects of inappropriate activities on outstanding natural landscapes, outstanding natural character and areas of significant indigenous biodiversity in the coastal environment must be avoided.

Port Otago Ltd has sought leave to appeal to the Supreme Court against the Court of Appeal’s decision.