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Positive result for Whangamata Wastewater Treatment Plant Appeals - May 2007

A very satisfying result was achieved for the Thames-Coromandel District Council in securing the consents necessary to implement the Council’s plans to upgrade and expand the existing Wastewater Treatment Plant in Whangamata without the need for a full-blown Environment Court hearing.

Simon Berry and Craig Malone acted for the Thames-Coromandel District Council in support of resource consent applications and designation requirements to upgrade the Wastewater Treatment Plant to achieve significant environmental improvements.

Lodged in June 2006, the resource consents and designations were granted in December, following a hearing before a joint hearing committee comprising Waikato Regional councillors and independent hearing commissioners.

A number of appeals against the consents were lodged with the Environment Court in January this year. At Thames-Coromandel District Council’s request, the Court imposed a stringent case management programme with a view to holding a hearing in the second half of May. This assisted the key issues to be identified and discussions to take place with the appellants. An agreed basis for settlement was achieved following the exchange of Thames-Coromandel District Council’s evidence and after the appointment of an independent facilitator to chair meetings between the parties. The agreed basis for settlement involved agreement on conditions and a memorandum of understanding. The settlement was approved by the Environment Court inside a fortnight.

Simon’s comment: Resource Management Act procedures are often given a bad rap but in this case, Thames-Coromandel District Council was given the green light to proceed with the complex upgrade project less than six months after the initial hearings. This demonstrates that the Environment Court’s case management procedures can assist in achieving early identification and resolution issues and achieve an early result.


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