Environmental Law Initiative - Judicial review of plan rule

During 2025, the Environmental Law Initiative (ELI) applied for judicial review of our decision to include Rrule 5.63 in the Canterbury Land and Water Regional Plan (LWRP). 

Current status:  The High Court heard the case on 12 and 13 May 2025 and released its decision in December, to decline the application for judicial review.

What has been reviewed

Environment Canterbury has been successful in its defence against ELI’s request for a judicial review to quash Rule 5.63 of the LWRP. As the successful party, Council is entitled to seek costs from ELI.

As a result, Rule 5.63 remains in effect, and the incidental discharges that it authorises remain permitted under the LWRP.

The Court concluded that section 83 of the RMA was a complete answer to ELI’s claim because section 83 prevents challenges to plans after they have been made operative (unless through an enforcement order applied for within three months of the plan being made operative).

While the Court found that Environment Canterbury (when making decisions on the LWRP ten years ago) had insufficient evidence and incomplete reasoning for being satisfied that Rule 5.63 met the requirement of section 70 of the RMA, ELI’s challenge was made too late. Section 83 applies so that, once a plan is made operative, “People and communities can order their lives under it with some assurance”.

The Court also observed that, even had section 83  not been a complete answer to the challenge, it would not have been obliged to quash Rule 5.63 because the delay in bringing the claim would significantly impact the people who had lawfully relied on the rule.

Judicial review timeline

November 2009 - Canterbury Water Management Strategy (CWMS) framework completed with input from Mayoral Forum, representatives from central government, Te Rūnanga o Ngāi Tahu, water users and environmental interest groups.

February 2010 - The Creech Report (PDF file, 567KB) highlighted freshwater management as the “single most significant issue facing the Canterbury Region”, a “fit for purpose” review of the planning framework concluded that a single regional plan should be developed with region-wide and sub-regional provisions to allocate and manage land and water in an integrated way.

2010 - This recommendation was supported by our Commissioners, appointed to replace elected Councillors under the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010, who called for the development of a ‘second-generation’ plan.

August 2012 - Draft LWRP notified to replace the Natural Resources Regional Plan (the ‘first generation plan'). Commissioners were required to have particular regard to the ‘vision and principles of the CWMS’ in their planning decisions under the Environment Canterbury Act.

2013 - 354 original submissions and 75 further submissions received on the draft LWRP.

2013 - Independent Hearing Panel appointed by Council to hear submissions on draft LWRP and make recommendations.

5 December 2013 - Hearing Panel’s recommendations adopted by Council (RMA clause 10, Schedule 1).

2014 - Nine appeals filed in the High Court against the Council’s decision.

13 August 2015 - Council approves LWRP (RMA Schedule 1).

1 September 2015 - LWRP made operative by Council (RMA clause 20, Schedule 1).

December 2023 - Environmental Law Initiative (ELI) claim filed

12 and 13 May 2025 -  The High Court heard the case, with a decision pending.

22 December 2025 - The High Court declined ELI’s application for judicial review. Its decision will be published on the MfE website once it has been finalised. 

Sources and references

Other 

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