ELI appeals ruling that blocked judicial review of ECan’s pollution‑enabling rule

The Environmental Law Initiative has filed an appeal against a key part of the recent High Court judgment concerning Environment Canterbury’s (ECan) rule allowing nitrate pollution.

The Environmental Law Initiative has filed an appeal against a key part of the recent High Court judgment concerning Environment Canterbury’s (ECan) rule allowing nitrate pollution.

ELI’s appeal focuses specifically on the Court’s interpretation of section 83 of the Resource Management Act, which the Court found prevented ELI’s judicial review challenge. ELI is also appealing the Court’s decision not to grant relief despite finding that ECan had made an error in introducing the rule.

ELI’s Senior Researcher, Anna Sintenie said: “We’ve appealed because the Court confirmed that Environment Canterbury made an error when introducing this rule, yet interpreted section 83 as a blanket barrier against ELI’s judicial review.

“That interpretation stopped an unlawful decision from being properly addressed. It has important implications and needs clarification.

“With new restrictions on public input into plan‑making proposed by the Government, judicial review may soon be one of the few effective checks on unlawful decision‑making.

“Clarifying how section 83 operates is essential to ensure errors can be fixed and that accountability to the law remains possible,” says Sintenie.

The High Court judgment was released on December 22nd, 2025.

The Government’s planned RMA replacement, the Natural Environment Bill and the Planning Bill, propose to retain equivalent provisions enshrining a “presumption of validity” for plans and barring challenges.