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  1. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 131 of the Resource Management Act 1991 of a direct referral application under s 1988 of the Act for a notice of requirement to alter designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN (ENV-2019-AKL-000007) Applicant AUCKLAND COUNCIL Regulatory

  2. ENVC Hearing 6Oct14 AC rebuttal Richard Reinen-Hamill [pdf, 4.2 MB]

    ...Chief, dated 10 June 2014. MY ROLE 4. My role in the Application is as set out in my Statement of Evidence in Chief, dated 10 June 2014. In addition, I participated in expert conferencing on the topic of coastal engineering, marina design, geotechnical and wave/wake assessment and am a signatory to the Joint Expert Witness Statement Coastal Engineering, Marina Design, Geotechnical and Wave/wake Assessment (JWS), dated 29 August 2014. CODE OF CONDUCT 5. I have r...

  3. [2024] NZEnvC 285 Valentine v Auckland Council [pdf, 232 KB]

    ...The parties agree that the application can be dealt with on the papers. Evaluation [12] I observe that the scope of s 104(3)(d) has been addressed in at least two Environment Court decisions that I have been able to locate: (a) Oasis Clearwater Environmental Systems Limited v Selwyn District Council;11 and (b) Maungaharuru-Tangitu Trust v Hawke’s Bay Regional Council.12 11 Oasis Clearwater Environmental Systems Limited v Selwyn District Council NZEnvC Christchurch, Environmen...

  4. Environment Court Topic Structure (with pathway comments) -4.11-2.xlsx [xlsx, 24 KB]

    ...suggest that time is allowed to see if the issues on appeal can be narrowed after (off-line) discussions between the parties. ENV-2016-304-000070 PAUP-075 Waitākere Ranges-Waitākere Foothills Zone-yard rules H1.6.5.1 ENV-2016-AKL-000188 Lenihan All Environmental Defence Society Inc Waitakere Ranges Protection Society Inc [stand alone] To be placed on hold pending outcome of the preliminary hearing on scope in the High Court. ENV-2016-304-000068 PAUP-080/081 Rezoning and Precincts-North-Ro...

  5. [2021] NZEnvC 065 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 576 KB]

    ...new port zone and removal of the SEA). [35] Northport submitted it was entitled to participate in the proceedings and to seek to. protect that status quo. It was reasonable for Northport to have an expectation that the planning process that had designated reclamation as discretionary in this particular location could be maintained. [36] The argument for the Council and Northport was not whether Policy 11 of the NZCPS had to 'trump' the other policies. The issue was aroun...

  6. ENVC Hearing 27Jul15 AC suppl evidence Kala Sivaguru [pdf, 111 KB]

    ...Page 2 31592781:629148 INTRODUCTION 1. My name is Kalayarasi (Kala) Sivaguru. 2. This supplementary statement is given on behalf of the Auckland Council in relation to Waiheke Marinas Limited's (WML) proposed amended marina design and parking deck at Matiatia Bay, Waiheke. 3. My qualifications and experience are set out in my Statement of Evidence in Chief dated 10 June 2014. 4. I have read the supplementary statement of Mark Poynter for WML. The purpo...

  7. 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...

  8. Environment Court Annual Review 2018 [pdf, 2.2 MB]

    ...ACPECT and QELA Conferences – Brisbane and the Gold Coast ............................................... 19 Environment Institute of Australia and New Zealand Conference – Sydney ................................. 20 3rd International Forum on Environmental Justice – Chile ............................................................ 20 APPENDIX 1 ..................................................................................................................................... 21...

  9. ENVC Hearing 6Oct14 TGKL expert Charles Waters [pdf, 95 KB]

    ...the following matters: a) Benefits of Anti-foulants; b) Negative Effects of Anti-foulants; c) Cumulative Effects; d) Assessment of the NIWA and Poynter reports; e) Conclusions. Benefits of Anti-foulants 7. The economic and environmental benefits of anti-fouling biocides are compelling. Power and fuel consumption for propelling ships with a mere slime film imparts a 21% powering penalty from frictional drag, which increases to 86% in cases of heavy calcareous bio...

  10. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

    ...strategy prevail over any inconsistent National Policy Statement, s 12 of the Settlement Act and the vision and strategy for the River is contained at s 17 of the Act. The Consent Authority and the Court in this case must have regard to the Tainui Environmental Plan as a relevant consideration under s 104( 1 )( c). [26] The requirements under s 4 7 of the Act apply to the use of or activities on the surface of the Waikato River and thus are not directly relevant in this case. Nevert...