KEY POINTS:
An environmental group's court victory yesterday will have far-reaching implications for local bodies nationwide, extending their rights to limit or ban activities.
The Court of Appeal ruled in favour of anti-mining group Coromandel Watchdog, paving the way for a continued ban on mining in conservation and coastal zones
of the peninsula.
The ruling followed earlier decisions by the Environment Court and the High Court which found the Thames Coromandel District Council was wrong to classify mining as a prohibited activity in the zones.
Coromandel Watchdog was supported in the appeal by the Auckland Regional Council and Auckland City Council, which had wanted clarification on the rights councils had to prohibit activities.
ARC chairman Michael Lee last night said his organisation was pleased the court had agreed that councils should be able to prohibit certain activities.
"This decision means that councils can continue to sparingly use 'prohibited activity' when it is an appropriate planning tool to protect sensitive environments, and to give certainty to people about where and what activities can and cannot take place."
He said examples in the Auckland region included applications for marine farming in sensitive coastal areas and "inappropriate subdivision" in the Waitakere Ranges.
"The ARC was criticised for becoming involved in this case in 2005, but the court's decision more than vindicates our intervention," Mr Lee said.
Coromandel Watchdog said it was "a landmark decision".
"The implications are huge not only for the Coromandel, but for the whole country," spokesman Denis Tegg said.
He said the appeal had been a "David and Goliath struggle", pitting the group against the New Zealand Minerals Industry Association and the Ministry of Economic Development.
The ruling provided the Thames Coromandel District Council with legal confirmation that it could prohibit mining on the 70 per cent of the peninsula that is conservation land, and in coastal areas.
The case was sparked eight years ago when the Minerals Industry Association and the ministry challenged the council's district plan, which banned goldmining in the conservation and coastal zones, and in all recreation and public open areas.
The Environment Court found in favour of the challengers, saying the prohibition on goldmining was too wide ranging.
While prohibiting an activity was a legitimate planning tool, the court said it should be used sparingly and in a precisely targeted way.
The High Court upheld that decision in 2005, but because of its far-reaching ramifications, the two Auckland councils decided to get involved and go to the Court of Appeal with Coromandel Watchdog, which was supported by the Environmental Defence Society.
Minerals Industry Association chief executive Douglas Gordon was unavailable for comment yesterday and the Ministry of Economic Development wanted time to assess the judgment before commenting.
