Delaware Bay - notice of application
Notice of application for declarations in relation to the use of the beach area below mean high water springs at Delaware Bay in Nelson for boat launching
Nelson City Council (Council) has applied for the following declarations from the Environment Court in relation to the use of the beach area (below mean high water springs) at Delaware Bay in Nelson:
The use of the beach area below mean high water springs (MHWS) at Delaware Bay (shown on Plan A to the declarations application) for driving vehicles across to launch and retrieve recreational boats/ fishing vessels at the water's edge is not a Permitted Activity under Rule CMr.33 of the Nelson Resource Management Plan (Plan), and therefore, the activity requires resource consent.
The beach area at Delaware Bay (shown on Plan A to the declarations application), below MHWS, which is used to launch and retrieve recreational boats/ fishing vessels, is not a launching ramp under Rule CMr.33(d) of the Plan.
A copy of the notice of the application can be accessed below and the relevant Court documents, including the Court’s directions regarding service.
A Minute from the Court of 11 August 2022 (see below) extended the time period for joining these proceedings to Friday 9 September.
A further Minute from the Court of 8 September 2022 (see below) again extended the time period for joining these proceedings, to Friday 30 September.
A further Minute from the Court of 22 September 2022 again extended the time period for joining these proceedings, to Friday 7 October.
Any interested party has until Friday 7 October 2022 to file a form 33/s274 notice with the Court and the Council.
Any party who wishes to oppose the application must lodge and serve a notice of opposition specifying grounds and any affidavits stating the evidence relied on by Friday 7 October 2022.
If you do not notify the Registrar of your wish to be heard, the case may proceed without notice to you.
- Public notice (34KB DOCX)
- Application for Declarations (396KB PDF)
- Affidavit in support of application for declaration (50MB PDF)
- Directions of the Court (158KB PDF)
- Notice of Application for Declaration (176KB PDF)
- Minute issued by the Environment Court 11 August (136KB PDF)
- Form 33 Notice of person’s wish to be party to proceedings (27KB DOCX)
- Minute issued by the Environment Court 8 September (139KB PDF)
- Environment Court email of 22 September extending the time period for joining the proceedings to Friday 7 October (216KB PDF)