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1. [2017] NZEnvC 175 NZ Building Projects Limited v Auckland Council [pdf, 7.8 MB]

   ...in the phrase 'means a building or part of a building intended to be used as an independent residence'. The New Zealand Oxford Dictionary offers two alternative meanings of 'intended': 1. done on purpose; intentional; 2. designed, meant. [38] The first of those ordinary meanings concerns what an individual 's purpose or intention is. The second ordinary meaning of 'intended' is a more objective measure, referring to what the thing is designed o...

2. [2024] NZEnvC 224 Gisborne District Council v Barraclough [pdf, 6.1 MB]

   ...Fearless Star Ltd. | 4 Ps \ ot 2. STABILIZATION PLAN — PART O1 2.1 MULCHING Approximately 5 hectares of exposed are to be stabilised ahead of the upcoming winter season. This action is required to prevent erosion and mitigate potential environmental impacts. Simultaneously, stabilizing this area will play a crucial role in alleviating the strain on the existing sediment controls as the eastern pond undergoes rectification and remains operational. Figure 2.1 — Area to...

3. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   ...Queenstown on 1 and 2 August 2018 Final submissions received 12 September 2018 Appearances: J Cossens for himself R J Wilson, Z T Burton and N Fraser (on 12 September 2018) for the Queenstown Lakes District Council J Haworth for the Upper Clutha Environmental Society Incorporated (section 274 party) Date of Decision: 16 October 2018 Date of Issue: 16 October 2018 INTERIM DECISION A: Under section 290 of the Resource Management Act 1991 the Environment Court: (1) declines to gr...

4. Ngati Pahauwera Affidavit on behalf of Trustees Exhibits J to NN [pdf, 15 MB]

   ...ill see 100 kilometres of M r Waaka said, waterways fenced off and riparian land along “We would oppose any dairy ing in th the waterways planted in natives to filte r lower half of the Mohaka River, nitrates and phosphates from groundwater “Environmental issues and human need before i t enters the waterways. come first. A supervisor w ill manage the. fencing “Throughout the Hawke’s Bay at certai contracts, s ta rting th is month, and i t is times i t ’s unsafe to swim in th...

5. Transcript - PC8 - Primary Sector Provisions - 8-9 November 2021 [pdf, 853 KB]

   ...restricted discretionary activity rule? 20 A. So, there isn’t a specific policy that applies. Policy 7D7 will apply. Q. Yes. A. But that is focused more on the systems themselves rather than the discharge. 1000 25 Q. Yes, that’s the design of the storage facility isn’t it? A. Yeah, and then there’s policy D79 will apply, which is framed more generally in relation to farming activities and then there are some existing policies also, sorry, just flicking back such as...

6. [2019] NZEnvC 112 Golf 2012 Limited v Thames Coromandel District Council [pdf, 24 MB]

   ...Statement; (ii) Whether the proposed open space zoning provides an appropriate level of open space in the context of Matarangi; and (iii) Whether the proposed rules have regard to the actual or potential effects including visual, landscape, urban design, traffic and planning. [4] These issues and the cases presented by the parties raise the following statutory considerations: (a) The application of s 85 RMA and whether the proposed Plan provisions render the Site incapable of...

7. 2023-07-28-WCO-Final-Report-Recommendation.pdf [pdf, 5 MB]

   ...the context of the consideration of the particular waters in issue and their identified values and characteristics. Subject to the primacy of the s199 purpose, we consider pt 2 provisions according to the guidance given by the Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd.16 Hence, in having regard to the NPSFM, we treat that instrument as fleshing out and giving context 16 Environmental Defence Society Inc v New Zealand King Salmon Co Ltd...

8. [2023] NZEnvC 157 Ngati Tama ki te Waipounamu Trust [pdf, 5 MB]

   ...the context of the consideration of the particular waters in issue and their identified values and characteristics. Subject to the primacy of the s199 purpose, we consider pt 2 provisions according to the guidance given by the Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd.16 Hence, in having regard to the NPSFM, we treat that instrument as fleshing out and giving context 16 Environmental Defence Society Inc v New Zealand King Salmon Co Ltd...

9. 2021-03-26 Transcript (up to end of day 11) [pdf, 4.2 MB]

   ................................................................................................. 846 CROSS-EXAMINATION: MR MAW ................................................................................................ 852 EXHIBIT FISH AND GAME 1 PRODUCED – PROPOSED NATIONAL ENVIRONMENTAL STANDARDS ON ECOLOGICAL FLOWS AND WATER LEVELS DISCUSSION DOCUMENT ................................................................................................................................ 86...

10. [2021] NZEnvC 164 Otago Regional Council [pdf, 4 MB]

    ...Territorial Authorities 4. Water Quality 5. Water Quantity 6. Schedule 10A.4 7. Decisions on Submissions 8. Plan Change 7 Provisions Abbreviations used in the decision CA Rule Controlled activity rule DA Rule Discretionary activity rule EPA Environmental Protection Authority FMU Freshwater Management Unit Freshwater – NES Resource Management (National Environmental Standards for Freshwater) Regulations 2020 HEG Hydro-electricity generation Kāi Tahu ki Otago Te Runanga...