Environmental Law: Existing "Use Rights" Under The Microscope

The recent decision of the Court of Appeal in Rodney District Council v Eyres Eco-Park Limited [2007] NZCA 13 (20 February 2007) has reversed earlier rulings of the Environment Court and the High Court as to the correct interpretation of section 10 of the Resource Management Act 1991 (RMA). In particular, the decision focuses on the identification of existing use rights as progressively more restrictive plan provisions are rolled out.

The case concerned an area of coastal land which had traditionally been used for farming purposes. Eyres Eco-Park Limited sought approval from Rodney District Council to subdivide the land and develop an eco-tourist venture. In considering the application the Environment Court had to determine the scope of existing use rights. The question of existing use rights was triggered by the adoption of a rule limiting the scale of destruction of vegetation on the land. That rule was contained in the Transitional Plan notified in 1988. Since that time, the rules