What are "margins" of lakes, rivers and wetlands?
The Environment Court previously determined that the margin of a lake is “the uppermost limit of wave action”.
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However, the Environment Court has since stated that such an approach is unduly restrictive - because the direction to preserve natural character in section 6(a) would have little utility if it related was restricted to such a narrow zone where little development occurs. The Court stated: “Margins are likely to be areas beyond the wave action of a lake or extending away from the banks of a river for, depending on topography and other factors, at least 20-50 metres and sometimes more.”
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Upper Clutha Environmental Society Inc v Queenstown Lakes District Council NZEnvC C12/1998
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High Country Rosehip Orchards Ltd v Mackenzie DC [2011] NZEnvC 387, at [140]
Last updated at 2:14PM on February 25, 2015