Hi people. Surprise surprise , I’m back. Sorry to say to all my regular readers for my lack of posts since January. We bought a new computor and of course the settings had to be adjusted to allow me to add new posts. This I did not realise till recently, and found my self quite confused, as you would have seen Property Rights in New Zealands Appeal to the High Court re the December 2011 Environment Court decision with regard to the Bio-Diversity provisions of Horizons One Plan posted. This I had Posted from a external source and could not figure out how that would work when my own computor would not.
Of course I found myself real busy on the farm and as well I was waiting for the High Court Decision on Property Rights appeal to the High Court, again over the ability of Regional Council to make rules for the control of the effects of the use and develpment of land and bio-diversity. This is the simple argument.
PRINZ argued that sections 31 and 68 of the Resource Mangement Act acted as a bar to Regional Council making rules to allow them to control effect of the use and development of land and Bio diversity, and further that the RMA did not allow for an over lap of functions. The Minister of Conservation in her submission to the Environment Court in December stated quite clearly that Horizons had “assumed” the role.
It took the High Court Judge 2 days short of 8 weeks to release his decision, in which he essentially re wrote the Environment Court Decision in more detail. End of story.
I and my good friend John Chummins spent countless hours on preparing for and presenting PRINZ’s argument and we delievered it. On the day was a experience that few people will ever get to experience, or have the guts and the determination to stand up for what is right and proper. The judge gave us every indication that we were home and hosed, cutting Horizons legal arguments to shreds, but his decision was quite the reverse.
We are gutted. I now realise that if Government and it’s extreme green team are so determined to achieve the environmental out comes they desire, as to instruct and or manipulate the intention of lawyers/judges and the acts of parliament that we are supposed to operate under, then I recognise that my interpretation of such policy and planning documents as Horizons One Plan, and indeed our own District Councils is correct.
My advice to every resource user who ever they may be. Be conservative, reduce debt, do not over commit your self financially. Make sure the numbers add up. For people such as myself, when the opportunity arises, exit. Take note of what is happening around you. If the surrounding environment is being changed slowly but surely you can bet your bottom dollar you will eventually be caught up in it.
You can dail the Ministry of Justice webb site and read PRINZ’s appeal along with the Courts decision. The case no is CIV-2012-454-49. Property Rights in New Zealand inc verse Manawatu-Wanganui Regional Council. I can garrantee you will be shocked. The case generated no media interest, we got no support from federated farmers, sorry….feds who? And no support from the District Councils. The Judge even went so far on the day to ask Federated Farmers legal rep, Mr Richard Gardener. Quote. ” Mr Gardener, Just who’s side are you on?”
It appears that the District Councils have all signed up, devolved their sec 31 functions, to the One Plan via the Local Government Acts Triennial Agreement. sec 15. This is unlawful as Triennial Agreements relate to activities, not functions.
All in all, the whole of Local Govt in my region at least is run unlawfully, and they the decision makers involved are getting away with it.
To add insult to injury, I tackled my own District Council District Plan in the Environment Court. It’s Well Beings have been abused, in that whilst they are identified as being Economic, Cultural , Environmental, in that order, turn the page and it is being written with Regard and Effect being given to the opposite order. This is obvious when you read the planning documents.
Unfortunately once again I got the bums rush in the Environment Court pre-hearing conference on th 29th May, striking the Judge who wrote the case law, which he used to strike my appeal out.
You again can read my appeal and the Courts decision on the Ministry of Justices webb site. ENV-2012-WLG-000030. Plowman Michael v Ruapehu District Council.
It is interesting to note that the Government commissioned a report into this very topic. Is there a premium to be had from the market for our agricultural products once we can truely claim to be clean and green. Titled the Greening of New Zealand written by Phil O’Rielly head of bussiness NZ. He concludes ,”No”. Mr O’Reilly is also the chair of the Governments Green Growth Advisory group.
He states in the opening paragraph, “There is no Green utopia waiting New Zealand exporters hoping to cash in on some swell of environmentaly aware, premium driven demand, and it is a delusion”. See the New Zealand Farmers Weekly March 12 2012, www.farmersweekly.co.nz
We have in my view unlawful decision making amongst most Councils, determined to achieve environmental outcomes Green Political extremists desire right across NZ , see Farmers Weekly, page 1 April 16 2012.
The Emissions trading Scheme, whilst being delayed, is not being discounted for the future, see page 1 Rural News April 17 2012, www.ruralnews.co.nz
We have a very good article in the New Zealand Herald Wednesday 6 June 2012 www.nzherald.co.nz . Written by Fran O’Sullivan titled, “Tipping point in battle to retain Kiwis.” Opening paragraph.
New Zealand has reached the tipping point where without a concerted effort it will be to difficult to retain- let alone attract back- enough Kiwis, skilled and unskilled, to assure a thriving economic future.
What does New Zealand do well ? It grows FOOD . And plenty of it. It is also rich in minerals. Unfotunately we have become captured by extreme Green Political extremists. These people are imposing huge costs on rate/ tax payers and doing immence damge to our small economy. I say , the last man out turn off the lights.
Our very own Jill White, past minister of Parliament representing Palmerston North and a Horizons Regional Councillor is on record of promoting such hogwash, as Mr O’Riellys report dispells. Ms White also sat on the One Plan Hearings and was the vice chair of the panels . She is also the Environment Committee Chair of Horizons Regional Council.
She and her husband are currently in Britain holidaying. Last Council meeting before she left I gave her the task of bringing back multi million $ orders for our Clean and Green organic produce that we currently produce. I await her return with interest.
In the council chamber it has been a quite year, with it being the least meetings through the first half of the year I can recall since I was elected, although I will say I have been real busy out side of the chamber on council tasks. I am making some useful contacts with Iwi and others, helping to faciltate intitatives, such as the Sky Walk project suggested for a site in Taumarunui. This could be similar to the Tamborine rainforest Skywalk. see www.rainforestskywalk.com.au. Sharron, our son Danial and myself visited this when we were in Australia this month. Great site to visit and hopefully would be a asset to Taumarunui if it can be made to happen. Also a new poplar pole nursery in Ruapehu. Fingers crossed.
Bye for now.