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1. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore [pdf, 391 KB]

   ...harbour and bay. 1 2. Notwithstanding Mr. Pryor’s observation that the “Regionally Significant Landscape” is no longer extant, leaving none of the area with outstanding or natural feature classification, the protection afforded by this designation was minimal anyway and did not apply to Matiatia Bay as a whole but only to the areas near the headlands at the entrance to the bay. 2 Something much more encompassing is needed both in terms of landscape and amenity value. Critici...

2. BORA Marine Protection Legislation Bill [pdf, 313 KB]

   ...world as they are in the domestic sphere.[2] It is an exercise in balancing legitimate state interests against any intrusions on individual interests. It requires weighing relevant values and public interests. 15. Seafarers who are performing designated safety, security, or environmental duties at the time of an alleged offence against the alcohol limits set out for industry have lower expectations of privacy because that expectation needs to be balanced against legitimate health and...

3. 2021-05-24 NPSFM s32 Evaluation [pdf, 1.9 MB]

   ...efficiency in achieving the objectives48. These two terms are described below:49 • Effectiveness assesses the contribution new provisions make towards achieving the objective, and how successful they are likely to be in solving the problem they were designed to address (i.e. how well a given method might work). 48 Section 32(1)(b)(ii) of the RMA 49 Ministry for the Environment. A guide to section 32 of the Resource M...

4. Minute of the Environment Court (dated 17 March 2017) [pdf, 1.2 MB]

   ...get the agreement of the parties to the terms of the order and state in the application the views of the parties. When preparing the application, it may wish to consider the recent Environment Court decision of Kiwis Against Seabed Mining Inc v Environmental Protection Authority [2016] NZEnvC 217. I was not fully conversant with the decision at the PHC and it may be of some moment. A copy of the decision is attached. [16] I note that the Society will call Mr Jock Brown, an engineer...

5. [2020] NZEnvC 025 Willis Bond Capital Partners No. 3 Limited [pdf, 914 KB]

   ...filling will exceed 250 m2 - a discretionary activity (restricted); • The use and development of potentially contaminated land (Rule 32.2.1) - a discretionary activity (restricted). [27] Consent for a discretionary activity under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (2011) is required for the associated soil disturbance and change in land use. [28] There is agreement that on a bundled approach, the resource co...

6. [2020] NZEnvC 024 Panuku Developments Limited v Auckland Council [pdf, 1.7 MB]

   ...initial proposal and the Independent Hearing Commissioners' decision ......................... 9 The proposal ....................................................................................................................... 1 O The Evidence Design ...... · ................................................................................................ 11 The Closing Design ............................................................................................................

7. [2024] NZEnvC 044 Donaldson v Queenstown Lakes District Council [pdf, 5.7 MB]

   ...changes to the structure plan in 27.13.20. The changes sought involve the deletion of a proposed feeder lane located adjacent to the Donaldson Property running parallel to Dalesman lane.2 Instead, he seeks that the entry point to the Site be the designated eastern entrance to the Donaldson land from Dalesman Lane that is located around the current gate and approximately opposite No. 2 McEntryes Lane.3 Mr Shepherd describes this as “the generally accepted historic access point...

8. Mark-St-Clair_S87F-Report_Planning_28-April-2023_with-Footnotes.pdf [pdf, 1.1 MB]

   .....................................................................................59 Summary of actual and potential effects on the environment .............60 O. STATUTORY ASSESSMENT ............................................................ 61 National Environmental Standards (NES) ..........................................61 NES for Freshwater ............................................................................61 NES for Air Quality ..............................................

9. 3. Ngati Paoa Trust Board - memmorandum of counsel - 6 September [pdf, 116 KB]

   ...and/or Auckland Council have been directly engaged with the Ngati Paoa Iwi Trust (“Trust”) in respect of the proposal, and based on this engagement the Trust has been a party to the proceedings and holding itself out as and/or adopting a position designed to imply that it is authorised to speak for Ngati Paoa. 2. As recorded in it section 274 notice and application for waiver of time, the Board is the only entity that is mandated, by a “determination and order” of the Maori La...

10. Ngati Maru Runanga Trust [pdf, 375 KB]

    ...opportunity for Mana Whenua to participate in the option selection process of the final America’s cup proposal or have effective input into the aspects of the proposal that may impact on cultural values, including site selection, base layout and design, and the final selection process; (g) The Assessment of Environmental Effects does not contain appropriate assessment of effects on cultural values/interests; (h) There has been insufficient cultural considerations and input into...