Friday, 11 October 2013 16:26

All claim win from One Plan judgement

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FEDERATED FARMERS and Horticulture New Zealand are talking up the outcome of the High Court decision on Horizons Regional Council, despite having lost – technically at least.

 

Andrew Hoggard, Feds provincial president for Manawatu Rangitikei, says they got a good outcome that vindicates their appeal and the cost to the federation’s members. From the standpoint of pastoral farmers they got a good outcome from Justice Kos, Hoggard says.

“From the start, Federated Farmers accepted pastoral farming was part of the One Plan.  Our appeal was never about overturning the plan because parts of the One Plan were already operative,” Hoggard told Rural News

“Justice Kos’ interpretation, expressed in his ruling, is that the One Plan allows exceptions from the fixed nitrogen (N) loss limits.  This is positive for our farmers and gives them assurance they will be able to continue farming because unachievable N loss limits will not now be applied to their farms.” 

Hoggard says Federated Farmers wanted, effectively, in the 2010 decision version, good management practices to minimise N loss, faecal contamination and sediment.

“Justice Kos has agreed with us on this so it is a huge step forward from the unimplementable Environment Court version.  Justice Kos has given us a clear pathway for making the One Plan workable. We hope Fish and Game will accept this and will not seek leave to appeal.”

Costs incurred by all the parties affected by the One Plan probably now total tens of millions of dollars, Hoggard says. 

Meanwhile, Horticulture New Zealand is confident it can move on and help build a better regional plan for growers in the central North Island, despite failing to convince the High Court to uphold its legal challenge to the plan.

HortNZ resource management and environment manager Chris Keenan says the decision is a comfort to the region’s growers – a practical framework for them to work with. 

“Justice Kos has given us a rational interpretation of this plan, codified in a High Court decision. A key aspect of the court’s decision is the ruling that the One Plan does not meet the requirements of the National Policy Statement for Freshwater Management. Horizons Regional Council has already informed the Government that it has given effect to the NPS.”

Another key ruling is that all growers will be able to get a licence to operate even if they cannot meet the leaching targets proposed in the plan.

 “So nobody goes out of business over this.”

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