Marr v Bay of Plenty Regional Council.

The Court issued an interim decision dated 29 September 2010 dismissing the appellants' appeals and granting consent to the applicants to discharge treated wastewater from the Tasman Mill to the Tarawera River and to discharge contaminants from the CHH Mill to air. The applicants and respondent submitted to the Court a draft set of agreed conditions to attach to Water Consent and Air Consent, should the court consider it appropriate to grant them. The interim decision has confirmed that the draft conditions presented to the hearing are appropriate as they relate to Air Consent. In respect of Water Consent the Court determined that further conditions should attach to the consent requiring the applicants to fund their own research into colour and clarity reduction that the objective of an inconspicuous colour discharge by 2034 should be mandatory with intermediate reductions of colour discharge tied into the periodic reviews, and further that in respect of both consents, liaison with iwi should be confirmed to be with those who are properly mandated to fulfill that role. The court is satisfied that these proposed conditions and the proposed amended conditions outlined in Counsels' memoranda are appropriate.