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1. Planning (dated 22-26 May 2017) [pdf, 762 KB]

   ...104(1)(c). b. The Dunedin City Spatial Plan 2012 provides strategic direction for land use in the City. It was developed under the Local Government Act 2002. c. The Spatial Plan is primarily, but not solely, concerned with Dunedin’s urban form and design. d. On the basis the Spatial Plan carries little weight; we have not undertaken a detailed analysis of the provisions of the Spatial Plan or its implications. 10 Construction Access / Roading Improvements 19....

2. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   ...in breach of a higher order policy, separate resort to Part 2 may not be required because it would not provide any additional guidance. Resort to Part 2 could not justify an outcome that is contrary to the thrust of coherent policies that are designed to achieve clear environmental outcomes and have been prepared with regard to Part 2. To refer to Part 2 for the purpose of subverting a clear higher order restriction would be contrary to King Salmon. 56 Environmental Defence So...

3. [2021] NZEnvC 120 Brookby Quarries Limited v Auckland Council [pdf, 2.8 MB]

   ...Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) BROOKBY QUARRIES LIMITED (ENV-2018-AKL-150) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED FULTON HOGAN LIMITED s 2 7 4 parties Court: Alternate Environment Judge L J Newhook Commissioner R Bartlett Hearing: At Auckland on 27 and 28 July 2020 Appearances: RE Bartlett QC, BJ Mat...

4. Houlbrooke (2009) The influence of soil drainage characteristics on contaminant leakage risk associated with the land application of farm dairy effluent [pdf, 1022 KB]

   ...impediments, or when applied to soils on rolling/sloping country (McLeod et al. 2008, Houlbrooke et al. 2006, Monaghan and Smith 2004). The effect of these conditions can be exacerbated by climate, where high rainfall can further contribute to the poor environmental performance of such land application systems. In comparison, well drained soils with fine to medium soil structure tend to exhibit matrix rather than preferential drainage flow; even under soil moisture conditions close to...

5. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...TRIBUNAL TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 BETWEEN HELEN BERNADETTE O’SULLIVAN, FIONA CHERIE WHITE & ANDREW RODGER WILTON as trustees of the WILTON FAMILY TRUST Claimants AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PAINT (NZ) Ltd Fifth Respon...

6. [2023] NZEnvC 091 Barnhill Corporate Trustee Ltd v Queenstown Lakes District Council [pdf, 2 MB]

   ...landscape character and visual amenity values. There are some areas within the Rural Amenity Zone that have a landscape capacity rating to absorb additional development of Moderate, Moderate-High or High. In those areas limited and carefully located and designed additional residential subdivision and development is provided for while maintaining or enhancing landscape character and visual amenity values. Other activities that rely on the rural land and landscape resource are contemplate...

7. [2022] NZEnvC 121 Cullinan v Kaipara District Council [pdf, 425 KB]

   ...activities on site shall be carried out in accordance with the plans and all information submitted with the application formally received by the Kaipara District Council (“Council”) on 17 September 2018: • Application form, and assessment of environmental effects prepared by Pacific Coast Surveys, dated March 2019. Plan title and reference Author Rev Dated Site survey reference 2490 Pacific Surveys Coast 3 March 2021 Site survey proposed car park layout reference 2...

8. [2023] NZEnvC 051 Aratiatia Livestock Limited v Southland Regional Council [pdf, 4.2 MB]

   ...evidence relevant to Rule 78 Annexure 2A: pSWLP Appendix M taonga freshwater fish and shellfish present in Council-maintained and private ‘drains’ Annexure 3: Southland Water and Land Plan Part A, DV 3 Annexure 4: Appendix N – Farm Environmental Management Plan Requirements Abbreviations used in the decision CV: Court Version – provisions approved or provisionally approved by the court with or without amendments DFS: Deposited fine sediment. DV: Decisions Version...

9. [2024] NZEnvC 187 Gisborne District Council v Barraclough [pdf, 6.2 MB]

   ...be provided, and no further earthworks be carried out until the plan is approved. [2] The application was supported by the following affidavits from: (a) David Sluter, a Council enforcement officer. He addressed site inspections and assessed environmental effects; (b) Kevin Ford, a Council enforcement officer. He addressed the compliance history of the site, Council inspections, and the reasonableness of requiring compliance with an abatement notice; (c) Gregor McLean, an env...

10. [2023] NZEnvC 071 Fraser Auret Racing v Rangitikei District Council [pdf, 937 KB]

    ...[5] Bio-Forestry was attracted to this site because of its close access to the NHv1T and to SH1 and SH-3. [6] The Plan Change as notified was to allow for the establishment of industrial activities as permitted activities subject to a range of environmental performance standards relating to the effects of noise, lighting, earthworks, storage areas and building height. Any non-compliance with an environmental building standard would have required a resource consent application as a r...