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”. 1529  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.” 1530

  1. Upper Clutha Environmental Society Inc v Queenstown Lakes District Council NZEnvC C12/1998

  2. High Country Rosehip Orchards Ltd v Mackenzie DC [2011] NZEnvC 387, at [140]

Last updated at 2:14PM on February 25, 2015