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Feds president Katie Milne says she’s taken aback by the judgment.
An Environment Court judge has slammed Federated Farmers for pursuing a case regarding limitation on the use of GE in Northland.
In an unprecedented move, Judge Laurie Newhook said in his summary that costs are “reserved”, meaning the other parties -- Northland Regional Council and Whangarei District Council -- could claim costs against Federated Farmers. Normally in such cases costs are not awarded; this case looms as an exception.
Judge Newhook says “despite losing a jurisdictional argument in this court on its own appeal and losing its appeal to the High Court and its substantive appeal to the Court of Appeal and its substantive appeal to this court, Federated Farmers has endeavoured to run somewhat similar arguments on the papers before me in the current stage of the Whangarei District Council (WDC) appeal. These things collectively seem quite remarkable.”
Essentially, when Feds lost the Northland case it tried to re-litigate the arguments by joining an appeal by WDC for a minor wording change which the judge agreed to.
Judge Newhook describes the Feds submission in this latest case as “curious to say the least” and that he agrees with the counsel for the Soil and Health that the Federation’s submissions were “rather difficult to follow in logic”.
He says the Feds’ argument that genetically modified organisms (GMOs) should only be controlled by central government is wrong because under the Resource Management Act regional councils have the power to control GMOs through their regional policy statements and plans.
The tenor of the judgement suggests that the judge is perplexed or exasperated by the arguments run in this latest case by the federation.
He concludes by saying that the submission by Feds is “largely a re-run of the arguments about jurisdiction previously heard in this court and in the High Court and ruled upon. It is not open to Federated Farmers to run these arguments again especially in view of the binding findings of the High Court and I will not consider that part of the submission further”.
The decision by Judge Newhook to open up the issue of costs is almost unprecedented and suggests his frustration at the nature of their appeal.
OPINION: Recent media commentary from Southland Federated Farmers has raised concerns among our rural communities, particularly around Environment Southland’s approach to winter grazing inspections and nitrogen reporting. But let’s be clear, much of what’s been said simply doesn’t reflect reality.
OPINION: Environment Canterbury's (ECan) decision recently to declare a so-called “nitrate emergency” is laughable.
A shameless political stunt is how Federated Farmers is describing the Canterbury Regional Council decision to declare “a nitrate emergency” on the back of its latest annual groundwater quality survey.
Federated Farmers say Environment Canterbury's decision to declare a 'nitrate emergency' is a shameless political stunt that won't help anyone.
Farmers want the Government to scrap controversial freshwater rules that "put river spirits and ideology ahead of practical water use", says Federated Farmers board member Mark Hooper.
Acclaimed fruit grower Dean Astill never imagined he would have achieved so much in the years since being named the first Young Horticulturist of the Year, 20 years ago.
The Ashburton-based Carrfields Group continues to show commitment to future growth and in the agricultural sector with its latest investment, the recently acquired 'Spring Farm' adjacent to State Highway 1, Winslow, just south of Ashburton.
New Zealand First leader and Foreign Affairs Minister Winston Peters has blasted Fonterra farmers shareholders for approving the sale of iconic brands to a French company.
A major feature of the Ashburton A&P Show, to be held on October 31 and November 1, will be the annual trans-Tasman Sheep Dog Trial test match, with the best heading dogs from both sides of the Tasman going head-to-head in two teams of four.
Fewer bobby calves are heading to the works this season, as more dairy farmers recognise the value of rearing calves for beef.
The key to a dairy system that generates high profit with a low emissions intensity is using low footprint feed, says Fonterra program manager on-farm excellence, Louise Cook.
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