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The consent order makes changes to the following sections of the Proposed District Plan:
As a result of the consent order the following appeals are now fully resolved -
Tukituki Water Security Project & Water Holdings Hawke’s Bay Ltd – ENV-2023-AKL-119
In addition, the following appeal has been withdrawn -
Further Environment Court decisions will be made available on this page as remaining appeals are resolved.
The period for lodging appeals closed on 7 July 2023, and the period for lodging section 274 notices ended on 31 July 2023. Anyone who made a submission or further submission on the Proposed District Plan had the opportunity to lodge an appeal with the Environment Court in respect of provisions to which their submission referred. Council have released an appeals version of the Proposed District Plan. This version highlights all of the provisions, including rules and maps, that are subject to appeals.
Please see below for the appeals and section 274 notices received.
As Council receives documents relating to the appeal process, we will upload them to this page.
When an appeal is filed with the Environment Court, the appellant is required to provide a copy of the notice to everyone who made a submission about the subject matter of the appeal, within five working days. Here are the contact details for each submission and further submission. A copy can be provided to Council through this email.
Please remember, Council is a party to the proceedings and not running the process. Any questions or correspondence on process matters around appeals should be directed to the Environment Court.
Visit the Environment Court website.
Click on an Appellant name from the list below to view appeal documents for that particular appeal. Council will continue to update these as each appeal progresses through the appeals process.
Submitter Number: S99
Further Submitter Number: n/a
Appeal Status: Resolved
Environment Court Reference: ENV-2023-AKL-000120
Curt and Tricia Zant - Notice of Appeal
Submitter Number: S121
Further Submitter Number: FS25
Appeal Status: Resolved
Environment Court Reference: ENV-2023-AKL-000114
Federated Farmers of New Zealand - Notice of Appeal
s274 First Gas Limited - Federated Farmers v CHBDC
s274 Forest and Bird - Federated Farmers v CHBDC
s274 Horticulture New Zealand - Federated Farmers v CHBDC
s274 Paul Robottom and Pairatahi Holdings Ltd - Forest and Bird v CHBDC & Federated Farmers v CHBDC
s274 Transpower - Federated Farmers v CHBDC
Submitter Number: S105
Further Submitter Number: FS4
Appeal Status: Partly resolved
Environment Court Reference: ENV-2023-AKL-000121
James William Bridge - Notice of Appeal
s274 Fire and Emergency New Zealand - James William Bridge v CHBDC
s274 Horticulture New Zealand - James Bridge v CHBDC
s274 Livingston Properties Ltd - James William Bridge v CHBDC
s274 The Trustees of the Havelock Bluff Trust - James William Bridge v CHBDC
Submitter Number: S127
Further Submitter Number: FS27
Appeal Status: Partly resolved
Environment Court Reference: ENV-2023-AKL-000117
Livingston Properties Limited - Notice of Appeal
s274 Federated Farmers New Zealand - Livingston v CHBDC
s274 James William Bridge - Livingston Properties Ltd v CHBDC
Submitter Number: S43
Further Submitter Number: FS14
Appeal Status: Resolved
Environment Court Reference: ENV-2023-AKL-000118
New Zealand Agricultural Aviation Association - Notice of Appeal
Environment Court acknowledgement of appeal - NZAAA
s274 Transpower - NZ Agricultural Aviation Association v CHBDC
Submitter Number: S75
Further Submitter Number: FS9
Appeal Status: Resolved
Environment Court Reference: ENV-2023-AKL-000116
The Royal Forest and Bird Protection Society of New Zealand Incorporated - Notice of Appeal
s274 Federated Farmers New Zealand - Forest and Bird v CHBDC
s274 Horticulture New Zealand - Forest and Bird v CHBDC
s274 James William Bridge - Forest and Bird v CHBDC
s274 Paul Robottom and Pairatahi Holdings Ltd - Forest and Bird v CHBDC & Federated Farmers v CHBDC
s274 Rayonier Matariki Forests - Forest and Bird v CHBDC
s274 Transpower - Forest and Bird v CHBDC
Submitter Number: S79
Further Submitter Number: FS18
Appeal Status: Resolved
Environment Court Reference: ENV-2023-AKL-000113
Transpower NZ Ltd - Notice of Appeal
Environment Court acknowledgement of appeal - Transpower NZ Ltd
Submitter Number: S109
Further Submitter Number: n/a
Appeal Status: Withdrawn
Environment Court Reference: ENV-2023-AKL-000115
Submitter Number: n/a
Further Submitter Number: FS29 and FS1
Appeal Status: Resolved
Environment Court Reference: ENV-2023-AKL-000119
Water Holdings Hawke's Bay Limited & Tukituki Water Security Project - Notice of Appeal
s274 Forest and Bird - Water Holdings HB Tukituki Water Security Project v CHBDC
s274 Horticulture New Zealand - Water Holdings HB and Tukituki Water Security Project v CHBDC
s274 Trevor LeLievre - Water Holdings HB Tukituki Water Security Project v CHBDC
This is a list of all Section 274 parties that have joined appeal proceedings. Where relevant, the s274 parties have been listed under the appellants in the drop down boxes above.
Horticulture New Zealand s274 - Federated Farmers v CHBDC
Horticulture New Zealand s274 - Forest and Bird v CHBDC
Horticulture New Zealand s274 - James Bridge v CHBDC
Horticulture New Zealand s274 - Transpower v CHBDC
Horticulture New Zealand s274 - Water Holdings HB and Tukituki Water Security Project v CHBDC
More FAQs can be found here.
An appeal is filed with the Environment Court where a submitter or further submitter disagrees with any aspect of the decision. It could be an appeal on a single rule such as the maximum height of buildings, or a broader topic. However, an appeal cannot request the withdrawal of the entire plan or appeal against the plan as a whole.
The appeal process is different to the previous process which was managed by Council and the independent Hearings Panel. Appeals are managed by the Environment Court. This means that the Court determines the process, although it often seeks input from Council (and its advisors) and all other parties (both appellants and interested parties).
Any person who made a submission or further submission on a provision or part of the Proposed District Plan may appeal to the Environment Court in respect of that provision or matter.
Any person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of the decisions of the local authority on submissions, in respect of provisions or matters to which their submission referred.
A notice of appeal must be prepared in accordance with Form 7 and lodged with the Environment Court within 30 working days of the decision being notified.
More information can be found here.
Appeals can take some time to resolve, although the Environment Court tries to ensure progress is being made by imposing timeframes for reporting back to the Court. There are a number of avenues that appeals can be worked through, such as negotiation and Court-assisted mediation, and parties are encouraged to explore these before an appeal progresses to a Court hearing.
Yes, parts of the Proposed District Plan could change through the appeals process, depending on the nature of the appeals.
If you have received notice of an appeal and you made a submission on the subject matter of that appeal, you can give notice to the Environment Court that you wish to join the appeal by becoming what is called ‘a section 274 party’. A section 274 party to an appeal is someone who wishes to support or oppose an appeal point.
If you did not make a submission on the subject matter of an appeal, you may be eligible to become a party to an appeal if you meet the specific criteria. Not everyone can become a party to an appeal. To be a section 274 party, you must be either:
Any eligible person who wishes to become a party to any appeal under section 274 of the Resource Management Act must give notice to the Environment Court, the Central Hawke’s Bay District Council and the appellant within a further 15 working days after the period for lodging appeals ends.
If you are considering becoming a section 274 party, we suggest that you seek your own legal advice.
Clause 16 of the Resource Management Act allows Council to make amendments of minor effect, or to correct any minor errors. Any errors that are more significant can only be corrected through an appeal or a variation to the Plan.
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