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1. [2024] NZEnvC 143 Cooper v Kaipara District Council [pdf, 857 KB]

   ...Attendance) dated 16 August 2023. 16 Waitakere City Council v Estate Homes Limited [2007] 2 NZLR 149, [2006] NZSC 112 at [28]. 12 Positions of the parties [23] VSPL’s fundamental position is that the proposal represents a well-conceived and designed proposal that:17 (a) Is consistent with the existing pattern of rural-residential development that exists at the LVE and was, as noted, deliberately conceptualised as being complementary to and a continuation of the LVE concept (whil...

2. 2021-07-28 TAs - Legal submissions in relation to the pORPS [pdf, 133 KB]

   ...greater weight on the pORPS than the PORPS 2019 particularly where community water supplies are concerned. RelevanceT Coherence 10. The Environment Court in Bunnings v Queenstown Lakes District Council7, observed a coherent set of policies designed to achieve clear environmental outcomes was a useful indicator of the weight to be placed on a proposed plan.8 4 Proposed Otago Regional Policy Statement 2021 (pORPS), Foreword or Mihi. 5 [1995] NZRMA 241. 6 Lee v Auckland City...

3. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...facilitator was Planning and Resource Management Consultant Dave Serjeant, and the other members of the group were Acting Principal Environment Judge Laurie Newhook and Environment Commissioner Ross Dunlop. A workshop format was chosen deliberately, designed to generate the greatest amount of discussion, and tap into as much experience as possible from this relatively new aspect of practice in the Environment Court. Prior to the roadshow, a discussion paper was prepared by a small team...

4. ENVC Matiatia party corresp costs Direction Matiatia Ltd 201601 [pdf, 316 KB]

   ...Preliminary Advice; filing of s 274 notice; (b) Preparation for First Hearing; (c) First Hearing; (d) Second Hearing (‘out of scope’ motion); (e) Third Hearing. 4. DMI advises that payment of these costs was supplemented by a grant of Environmental Legal Aid of $40,000 in July 2015. The balance of the costs ($374,218.07) have all been paid from the concerted fundraising efforts of DMI resulting in donations from a multitude of Waiheke (and Auckland) residents over the cou...

5. E80 Karen Wilson - EIC - Te Ākitai Waiohua [pdf, 921 KB]

   ...is constantly reaffirmed through tikanga. 26. Core values encompassed in Te Ākitai Waiohua tikanga include tapu, wairuatanga, whanaungatanga, kaitiakitanga, manaakitanga and kotahitanga. These values are inextricably interconnected and are designed to keep the natural balance between all entities. Any imbalance in this complex network has a flow on effect that affects the entire eco-system. 27. To Te Ākitai Waiohua, all entities have their own mauri, including Te Waitematā,...

6. Joint Memorandum of Counsel re Mana Whenua Matters 7 September 2018 [pdf, 840 KB]

   ...the Project area and its surrounding waters have been involved in the formulation of the ACKEP and are to be involved in its implementation; The process for involvement of mana whenua in the preparation and implementation of the engineering design, construction management, and operational plans as they relate to: (i) Managing water quality during the construction and operation of the Infrastructure; (ii) Managing underwater noise during construction so as to protect marine an...

7. Joint Witness Statement - Traffic and Transport 26 July 2018 [pdf, 639 KB]

   ...2.1.1. America's Cup, Traffic and Transport Technical Report for Resource Consent Application, Wynyard Hobson, Beca, 12 April 2018, Application Document 21 2.1.2. America's Cup Wynyard Hobson, Application for Resource Consent: Assessment of Environmental Effects, UNIO Environmental Ltd (UNIO), 13 April 2018, Application Document 4 2.1.3. America's Cup, Physical Infrastructure Technical Report for Resource Consent Application, Wynyard Hobson, Beca, 12 April 2018, Applicati...

8. [2021] NZEnvC 037 Ngai Tamahaua Hapu Committee v Heritage New Zealand Pouhere Taonga [pdf, 782 KB]

   ...while not as long as for the enabling works, is still a substantial one and is not adequately explained. In my judgment the prejudice to the Council would be undue, given its contractual arrangements, the public health issues that the works are designed to address and the environmental importance of ensuring that the wastewater system is maintained at a high standard. [35] From the evidence it appears that the works are to occur in an area of existing works. While I can apprecia...

9. [2024] NZEnvC 192 Auckland Council v Eco Earth NZ Limited [pdf, 211 KB]

   ...previously issued interim enforcement orders in relation to the Site.1 This application does not seek to replace the earlier interim enforcement orders of 4 July 2024. An order is sought to supplement the existing orders and to address additional environmental issues on the Site. [4] This application for an interim enforcement order seeks the immediate cessation of all earthworks on the Site, including all importation of fill onto the Site. Evidence in support [5] The Council...

10. ANZFW – EiC – N J Paulin (5 Feb 2021) [pdf, 880 KB]

    ...with reasonable regularity at Manata. The typical frost season runs from bud burst in late September/ Early October through until early December, however random events can occur at any month through the growing season (Oct- April) The system is designed to apply 5.5mm/hr/ha across the planted area to cover down to -5.5 Celsius, which could be considered as a worst-case scenario in spring. Peak consumption during a frost event with all areas running is 125L/s. Irrigation...