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ENVIRONMENT CANTERBURY – NATURAL REGIONAL RESOURCES PLAN MADE OPERATIVE
Simon Berry acted as legal counsel for Environment Canterbury in connection with appeals to the High Court against the Natural Regional Resources Plan (NRRP). Under the controversial Environment Canterbury (Temporary Commissioners and Improved Water Management) Act, the Canterbury Regional Council was replaced by Commissioners and the appeals against the NRRP went directly to the High Court on points of law, rather than to the Environment Court. Nine appeals were lodged in respect of the NRRP by a variety of parties including the New Zealand Transport Agency, Meridian and the Hurunui Water Project. The issues were complex, but the appeals were able to be settled within a very tight time frame without the need for a substantive High Court hearing following lengthy negotiations with the relevant parties. The NRRP was made operative in May.
"It was certainly challenging to deal with appeals on points of law from a massive decision written by non-lawyers when the ECan legislation was never in prospect. It was an unprecedented situation but fellow counsel were particularly helpful, and it was great to avoid the need for a High Court trial”, says Simon
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