Search Results

1. [2018] NZEnvC 227 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 12 MB]

   ...are not defined in the pDP. In this decision we use the definition in the RMA, noting that the Air Plan does the same 4 [11) Contaminants emitted from petroleum activities include those listed in Schedule 1 to the Resource Management (National Environmental Standards for Air Quality) Regulations 2004 and other hazardous air pollutants including aldehydes; BTEX compounds;5 volatile organic compounds; oxides of sulphur; polycyclic aromatic hydrocarbons; heavy metals and dioxins.s Be...

2. MFE-You-Mediation-and-the-Environment-Court.pdf [pdf, 673 KB]

   ...Guidance and Processes Applying for a Resource Consent Consultation for Resource Consent Applicants Your Rights as an ‘Affected Person’ Making a Submission about a Resource Consent Application Appearing at a Council Resource Consent Hearing The Designation Process Making a Submission about a Proposed Plan or Plan Change Appearing at a Council Plan or Plan Change Hearing Your Guide to the Environment Court You, Mediation and the Environment Court The Environment Court: Awarding and Secu...

3. Graham - Parish of Komakorau Lot 240B 2 (2014) 80 Waikato Maniapoto MB 260 (80 WMN 260) [pdf, 185 KB]

   ...February 2014. 4 On that day I heard from the applicants and some of those persons who had filed Notices of Intention to Appear. The Waikato District Council participated by having counsel present and providing evidence from two witnesses, an Environmental Health Officer and an Engineer. The Waikato District Health Board and the New Zealand Police were in attendance but did not take an active role in the proceedings. 1 Throughou...

4. [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...

5. [2019] NZEnvC 055 Director General of Conservation v Thames Coromandel District Council [pdf, 8.1 MB]

   ...includes noise from lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities. It does not include home business activities. Noise will be measured and assessed in accordance with NZS 6801:2008 Acoustics - Measurement of Environmental Sound and NZS 6802:2008 Acoustics - Environmental Noise. Activities may be subject to the excessive noise provisions set out in s326 to s328 of the RMA. Accessory building Public amenity An activity listed in Rule 15 is a...

6. [2024] NZEnvC 148 Marlborough District Council v Gifford [pdf, 352 KB]

   ...Environment Court Judges.12 Further, in Conway, the High Court noted:13 …The RMA suggests that non-compliance with enforcement orders will generally be dealt with by the Environment Court under those provisions because they are specifically designed to achieve the overall object of the RMA. [31] Mr Clark submitted that this Court’s role is to determine where there is non- compliance and what may be recovered by any person from the defaulting person. It cannot have been Parlia...

7. 2021-03-23 Transcript (up to Mr McIndoe on day 10) [pdf, 3.4 MB]

   ................................................................................................. 779 CROSS-EXAMINATION: MR MAW ................................................................................................ 785 EXHIBIT FISH AND GAME 1 PRODUCED – PROPOSED NATIONAL ENVIRONMENTAL STANDARDS ON ECOLOGICAL FLOWS AND WATER LEVELS DISCUSSION DOCUMENT ................................................................................................................................ 79...

8. [2024] NZEnvC 183 Grenadier Ltd v Manawatu-Whanganui Regional Council [pdf, 402 KB]

   ...Dr Keesing reclassified in the second mapping exercise, are incorrect because Dr Keesing has failed to identify they contain recent coastal sand substrate and because the reconnaissance plot descriptions (RECCEs) which Dr Keesing undertook were designed for an alternative purpose such that they could not have informed the reclassification Dr Keesing undertook. [67] We note that the difference in calculated area in this instance is relatively small. The initial mapping (which Mr W...

9. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

   ...4 * Denotes that the requirement must be completed prior to commencement of any industrial or business activity on Te Puna Business Park land. 5 Landscape planting and stormwater management Any development of land within the zone shall be designed, approved and developed to incorporate and illustrate amenity screen landscaping, acoustics earth bunds/fences and a stormwater collection system in accordance with the Te Puna Rural Business Park Structure Plan in Appendix 7. 4C.5...

10. [2018] NZEnvC 187 Calcutta Farms Limited v Matamata-Piako District Council [pdf, 2.6 MB]

    ...sets out my reasons for reaching that conclusion. Background [4] PC47 is part of a rolling District Plan Review process that is being undertaken by the Council as an alternative to the single stage full District Plan Review. It is specifically designed to address the planning controls and the extent of zoning for Matamata, Morrinsville and Te Aroha in relation to the provision of housing, new business and industrial activities. [5] Section 79 of the Resource Management Act 1991 (R...