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1. ENV-2016-AKL-000TBA Terra Nova Planning Limited v Auckland Council (Topic-056-057) [pdf, 742 KB]

   ...residential site size is the protected area plus the specified building area. 5. Access and frontage a. Each site must have a coastal access. Up to five sites may gain frontage over a jointly owned access site, or right of way at least 6m wide. 6. Design a. If more than 5 rural residential sites are created, they must be clustered in one or more groups. b. Each group must share an access to a road or wharf. Submission to Proposed Auckland Unitary Plan: Terra Nova Planning Ltd P...

2. [2022] NZEnvC 038 Land Matters Ltd v Wellington Regional Council [pdf, 593 KB]

   ...Freshwaterlvlanagement 2020 a11d Resot1rce lvla11ageme11t (J'Jatio11a! Enviro11me11ta! S ta11dards for Freshwate1) Regtliations 2020 [5] The National Policy Statement for Freshwater Management 2020 (NPS-FM) and the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-FW) came into effect following the lodgement of appeals. The Council has made amendments which are beyond the scope of the appeals, in reliance on s 44A and/ or cl 16 of Sched...

3. [2023] NZEnvC 111 Schmuck v Northland Regional Council [pdf, 12 MB]

   D C SCHMUCK v NORTHLAND REGIONAL COUNCIL Decision [2023] NZEnvC 111 [29 May 2023] IN THE ENVIRONMENT COURT OF NEW ZEALAND AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 111 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 (RMA) concerning conditions of consent imposed on an application under s 88 RMA BETWEEN D C SCHMUCK (ENV-2018-AKL-000351) (ENV-2020-AKL-000187) Appellant AND NORTHLAND REGIONAL COUNCIL Res

4. ENVC Hearing 6Oct14 AC evidence chief legal submissions [pdf, 436 KB]

   ...marina structures. (b) Similarly, the suggestion26 that the stormwater discharge consent does not overlap with the reclamation and dredging consents is not accepted. The stormwater management measures are part and parcel of the reclamation design27. (c) The final suggestion by counsel for the Applicant is that the land use consents sought for activities to be undertaken on the proposed reclamation can be separated out as "restricted discretionary activities". T...

5. [2024] NZEnvC 029 New Zealand Motor Caravan Association Inc v Marlborough District Council [pdf, 2.9 MB]

   ...any point within the boundary does not exceed the following noise limits: • 7.00 am to 10.00 pm 50dB LAeq • 10.00 pm to 7.00 am 40dB LAeq 70dB LAFma 22. Noise must be measured in accordance with NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and assessed in accordance with NZS 6802:2008 Acoustics – Environmental Noise. Review condition 23. Pursuant to sections 128 to132 of the Resource Management Act 1991, the Marlborough District Council may at any time or...

6. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CJC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Comm

7. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CJC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Comm

8. [2017] NZEnvC 165 Yaldhurst Quarries Joint Action Group v Christchurch City Council [pdf, 5.2 MB]

   ...environment is to be taken as it exists or, following Hawthorn, as it can be expected to be, with whatever strengths or frailties it may already have, which make it more, or less, able to absorb the effects of the proposal without a breach of the environmental bottom line - the principle of sustainable management. [19] We respectfully agree with the court's observation on the literal application of Dye and adopt the same approach to cumUlative effects as laid out in Outstanding...

9. Fish & Game – EiC – B Farrell – Planning (5 Feb 2021) [pdf, 1.2 MB]

   ...freshwater in Otago 13 Precautionary Approach 16 Native fish and Salmonids 16 Applicability of PC7 16 Scientific uncertainty and calculating MALF 16 Processing costs 17 STATUTORY REQUIREMENTS 18 SECTION 32 18 Socioeconomic, cultural and environmental effects ............................. 18 Efficiency and Effectiveness (s32(1)(b)(i)) ........................................... 19 Policy Direction ..................................................................................

10. [2016] NZEnvC 253 Environmental Defence Society Incorporated v Mackenzie District Council [pdf, 666 KB]

    iBEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: IN THE MATTER BETWEEN AND Decision No. [2016] NZEnvC .1-~ '3 of an application for declarations under Part 12 of the Resource Management Act 1991 (RMA) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (EDS) (ENV-2016-CHC-000071 ) Applicant MACKENZIE DISTRICT COUNCIL Respondent Principal Environment Judge LJ Newhook sitting alone under s279 of the Act at Christchurch on 16 December 2016 R Enright and M...