EnviroWaste Services Limited and Northern Disposal Systems Limited sought resource consents from both the Waikato Regional and District Councils to establish and operate a large, modern, engineered landfill at Hampton Downs, in the North Waikato. The resource consents were granted.
A number of appeals were lodged from the local community including tangata whenua and the Environment Court, in a lengthy decision, upheld the decisions of the consent authorities, Land Air Water Association & Others v Waikato Regional Council.
One lesson to be taken from the decision is that sound preparation is an essential ingredient in a successful outcome on a resource consent application, especially for an activity where there is a very real fear of adverse effects. Although the appellants raised various issues during the hearing, the comprehensive coverage of the applicants of those issues left the appellants with little ability to advance the issues any further. The case provides an extensive assessment of the effects arising from the applicants' proposal which, while specific to the particular site, would serve as a useful checklist for authorities assessing similar proposals.
In respect of consultation, the decision also distils from many of the leading cases the following list of principles which are helpful guidelines for carrying out consultation:
the nature and object of consultation must be related to the circumstances adequate information of a proposal is to be given in a timely manner so that those consulted know what is proposed> those consulted must be given a reasonable opportunity to state their views while those consulted cannot be forced to state their views they cannot complain, if having had both time and opportunity, they for any reason fail to avail themselves of the opportunity consultation is never to be treated perfunctorily or as a mere formality the parties are to approach consultation with an open mind consultation is an intermediate situation involving meaningful discussions and does not necessarily involve resolution by agreement neither party is entitled to make demands there is no universal requirement as to form or duration the whole process is to be underlain by fairness.This article is intended as a first point of reference and should not be relied on as a substitute for professional advice. Specialist legal advice should always be sought in relation to any particular circumstances and no liability will be accepted for any losses incurred by those relying solely
on this article.
Copyright Phillips Fox, December 2001
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