Epic landfill case closes after 10 months

DOME VALLEY LANDFILL

Probably the most complex case the Environment Court has ever had to deal with – that was the view of Judge Jeff Smith on April 28, as appeals against the granting of resource consent for a giant regional landfill in the Dome finally drew to a close.

The case took 13 solid weeks of submissions, evidence and cross-examination spread over more than 10 months by the six groups fighting the decision – Te Rūnanga o Ngāti Whātua, Forest & Bird, Department of Conservation, Ngāti Manuhiri Settlement Trust (NMST), Fight the Tip, Ngāti Whātua Ōrakei/Te Uri o Hau – and applicants Waste Management NZ (WM) and consenting authority Auckland Council.

Over that time, there were several lengthy adjournments, two site visits, behind the scenes negotiations and unexpected developments, not least when NMST did a deal with Waste Management and switched sides in January.

Judge Smith said at the close of the case that the amount of material that he, Judge Melinda Dickey and Commissioners Ruth Bartlett, Glenys Payne and Kevin Prime now had to wade through meant that he could not estimate when they might reach a decision.

“This is what’s called a complex case before the court and there can be no timescale given for the delivery of a decision – it’s as simple as that,” he said. “This is probably the most complex case the court has had.” Smith said the “hundred-odd” issues they had to be considered were going to require a huge amount of time, which WM’s closing submissions had only added to –while most parties’ summaries amounted to around 25 pages or so, WM counsel Bal Matheson’s weighed in at a hefty 90 pages.

“Unfortunately, your submissions have raised as many issues as they’ve closed,

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