Legal heavyweight joins fight against Lincoln subdivision

The Environmental Defence Society has joined forces with Lincoln Voice in opposition to the...
The Environmental Defence Society has joined forces with Lincoln Voice in opposition to the proposed Lincoln South development. Photo: Star News
Residents fighting the proposed Lincoln South subdivision are bolstering their ranks with a legal heavyweight - the Environmental Defence Society.

The national non-profit society will be a party to Environment Court proceedings, supporting the residents’ group Lincoln Voice in its appeal against the Selwyn District Council’s decision to adopt Plan Change 69.

Lincoln Voice was established this year following the district council adopting the PC69 Carter Group rezoning application, paving the way for the 1710-section Lincoln South subdivision on rural land.

Denise Carrick. Photo: Supplied
Denise Carrick. Photo: Supplied
Lincoln Voice spokesperson Denise Carrick said members of the residents’ group felt it was a “massive” coup to have the society agree to back their argument in court.

“They will be able to take it a lot further for us, which is amazing, we are only a tiny community group,” Carrick said.

Lincoln Voice is continuing to fundraise through Givealittle, as it still has to pay for its own lawyers and experts. The campaign has a $150,000 goal and had reached close to $15,000 this week.

Carrick understood the Environmental Defence Society only took on cases of national importance.

The proposed Lincoln South development was reflective of towns nationwide being able to expand into rural areas due to the new National Policy Statement – Urban Development. It was also reflective of agricultural soils nationwide lacking protection due to a Government delay in introducing the additional new legislation of the National Policy Statement - Highly Productive Land.

“There’s a mismatch (between the two pieces of legislation). I believe no-one has ever really challenged it. This will be kind of groundbreaking,” Carrick said.

The Environmental Defence Society is a litigation advocacy group set up to fight for the environment, with expertise in law, planning, landscape and science.

The society has been advocating for the New Zealand environment and its finite resources via policy work and strategic litigation for more than 50 years.

Its biggest victory was winning a Supreme Court battle in 2014 against New Zealand King Salmon  Company, considered a landmark case in reaffirming environmental management parameters of coastal landscapes.

The society confirmed it would be a party to the Environment Court case of Lincoln Voice versus Selwyn District Council.

The case is expected to go to mediation, then onto a hearing if mediation fails.

A ruling is some time away as a judicial conference planned for August was postponed to a future undetermined date.