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1. [2018] NZEnvC 236 Strategic Property Advocacy Network (SPAN) v Auckland Council [pdf, 374 KB]

   ...will the 'buffer area' function of the Swanson South (Foothills) area. (g) In relation to 70 Q'Neills Road, the controls relating to the protection and enhancement of the Indicative Enhancement Areas and Native Forest Areas are designed to provide the opportunity for the native vegetation on this property to be enhanced including through the removal of stock, fencing and pest plant/animal removal. None of the native vegetation on this property currently falls with...

2. ENVC Matiatia party corresp WMLFeb15 submission oppose DMI interlocutory [pdf, 2.5 MB]

   ...a term approved by the Court. 8. For the reasons set out below, the Applicant asserts that the revised application, removing the activities of dredging and reclamation, reducing the scale and intensity of the marina facility and amending the design of the breakwaters and the administration building, with the required number of car parks located no further from the proposed marina than the existing public car parking is from the ferry , Condition 7 in the Applicants draft condition...

3. [2024] NZEnvC 200 Kimpton v Auckland Council [pdf, 521 KB]

   ...following matters when assessing a controlled activity resource consent application: (1) All controlled activities: (a) compliance with an approved resource consent except for boundary adjustment subdivision; (b) the effect of the site design, size, shape, gradient and location, including existing buildings, manoeuvring areas and outdoor living spaces; (c) the effects of infrastructure provision; and (d) the effects on historic heritage and cultural heritage items. [5]...

4. [2024] NZEnvC 202 Millar v Auckland Council [pdf, 507 KB]

   ...the following matters when assessing a controlled activity resource consent application: (1) All controlled activities: (a) compliance with an approved resource consent except for boundary adjustment subdivision; (b) the effect of the site design, size, shape, gradient and location, including existing buildings, manoeuvring areas and outdoor living spaces; (c) the effects of infrastructure provision; and (d) the effects on historic heritage and cultural heritage items. [5]...

5. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

   ...(CMA). [2] The PRP hearings have been interrupted both by COVID-19 and by some practical issues that have arisen with the introduction of the new National Policy Statement for Freshwater Management (NPSFM 2020), Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) and the Stock Exclusion Regulations 2020 (SER). All of these documents came into force after the plan was promulgated, after the Council decisions were issued and, in fact, after...

6. [2021] NZEnvC 115 Te Whanau a Kai Trust v Gisborne District Council [pdf, 9.4 MB]

   ...the planning, management and monitoring of freshwater resources; catchment plans, integrated management plans and research and monitoring (section 3.4); • Principal reasons for the RPS objectives, policies and methods (Section 3.5); and • Environmental results anticipated (Section 3.6). [7] The regional plan provisions are in Section 4-7 of the Freshwater Plan and relate to: • Water quantity and allocation (Section 4); • Water quality and discharges to water and land (Se...

7. Transcript of PC8 Urban Provisions - Complete [pdf, 1.3 MB]

   ...say actually quite a unique perspective to offer the Court in relation to that. So from paragraph 43 onwards I’ve dealt with the fact that QLDC’s land use consents often include a discharge limit or in actual fact it’s usually through the environmental management plan, the EMP which 12 OTAGO REGIONAL COUNCIL v OTHERS – ENV-2020-CHC-128 (21 Mar 2022) includes a limit. Now, obviously they don’t have the function to regulate the discharge and whilst I accept that those...

8. Hearn v Parklane Investments Limited [pdf, 178 KB]

   ...also pointed out that the claimants had no contract with EMPA. [11] Mr Sherwood-King on behalf of the claimant Trust opposed the application on the grounds that the bank is a significant issue. He submitted that Mr Blades was involved in the design stages of the house and on site during the dwelling’s construction, and so any removal would be premature. He cited the evidence of Mr Taylor, a chartered professional engineer, as the basis of the claim against EMPA. He also point...

9. 2021-07-06 Transcript.pdf [pdf, 2.3 MB]

   ...the Court is considering water-users in this process and in the 15 formation of the plan change 7, it’s most necessary. In my view, it behoves the Otago Regional Council in its application of water management processes to consider not just the environmental implications but the implications on its region and people in its region, in the Otago Region. 20 Southern Lakes Holdings itself has invested significantly into the use of water resources. We have four small irrigation pro...

10. 2021-03-17 ORC PC7 - Transcript (up to end of day 7) [pdf, 2.3 MB]

    ...express the aspirations of communities and tangata whenua for each FMU, or part FMU. This will provide the foundation for freshwater management in the new land and 15 water regional plan (LWRP) and set the basis for identifying values, setting environmental outcomes and environmental flows and levels required by the NPSFM. The Council has committed to notifying a new land and water regional plan by 20 31 December 2023. The Council science team has created a number of dedica...