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Case Law on Climate Change Issues Section

11.2 11.3 11.4

11.5 11.6 11.7 11.8


Maruia Society v Whakatane District Council 15 NZPTA (1991) Bay of Plenty Regional Council v Whakatane District Council A 003/94 Opotiki Resource Planners v Opotiki District Council A 15/97

Judges Bay Residents Association v Auckland Regional Council and Auckland City Council A 72/98 Auckland City Council v Auckland Regional Council A 28/99 Kotuku Parks Ltd v Kapiti Coast District Council A 73/00 Lowry Bay Residents Association v Eastern Bays Little Blue Penguin Foundation Inc W45/01


Save the Bay v Canterbury Regional Council C6/2001


McKinlay v Timaru District Council C 24/2001


Bay of Plenty Regional Council v Western Bay of Plenty District Council A 27/02


Skinner v Tauranga District Council A 163/02


Fore World Developments Ltd v Napier City Council W029/06

Issues under consideration

Interpretation of section 106 of the RMA Timescales for consideration of effects Further development in existing developed areas where appropriate hazard mitigation measures had been undertaken Hazard protection measures and port development Relevance of climate change information RMA Section 106 and catastrophic events Relationship between Building Act 1991 and RMA in avoiding coastal hazards Hazard zone provisions within regional coastal environmental plan Existing use rights and the role of rules in regional and district plans Principles of hazard avoidance. Relationship between resource and building consents Reasonable timeframe for coastal planning, use of precautionary approach for managing uncertainties Climate change information and use of the precautionary approach to account for uncertainties