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1. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 825 KB]

   ...130"MO motros Gould be provided, should the Director General filld 90 metre RESA lengths lInacceptable If requirod. this roGOnfigumtion could be achieved utilising the current resource consent application barore the Court, togethor with a minor redesign at the northern end of the runway withill WIAL's current landholding as a permitted activity within tho Airport and Golf Course Precinct. 6. The RESA recommendation focuses on the appropriate length of the RESA in the c...

2. [2023] NZEnvC 069 Transpower New Zealand Ltd v Queenstown Lakes District Council [pdf, 608 KB]

   ...through the addition of ‘(other than a minor upgrade)’ after the word ‘upgrade’ in clause (b). Counsel explain that the distinction between minor and major upgrades is made in the NPSET, notably Pol 5 which reads: When considering the environmental effects of transmission activities associated with transmission assets, decision-makers must enable the reasonable operational, maintenance and minor upgrade requirements of established electricity transmission assets. [24] Tra...

3. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...implementation through the appropriate planning instruments. This approach accords with the scheme of the Act, which envisages a cascade of planning documents, each intended to give effect to s 5, and to pt 2 more generally: per Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd. (Footnotes omitted) 34 In the case of PC8: (a) It is clear that the NPSFM 2020 must be given effect to. The High Court’s decision in Horticulture New Zealand v Manawatu...

4. [2024] NZEnvC 194 Connor [pdf, 1.4 MB]

   ...should surrender the existing consent. She did so and lodged a new application with the Council in February 2023. [16] The second application was materially similar, subject to the removal of two proposed external chimneys, and a number of other design changes addressed in more detail in the accompanying data. The accompanying reports concluded that the effects on the environment would be no more than minor. The Duty Commissioner concluded the application should be notified on t...

5. Houlbrooke (2010) Matching farm dairy effluent storage requirements and management practices to soil and landscape features [pdf, 1.2 MB]

   ...impediments, or when applied to soils on rolling or hill 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...

6. [2021] NZEnvC 051 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 4.6 MB]

   ...consents sought by TDC to discharge treated wastewater into Town Creek and the Mangatainoka River from the Pahiatua Wastewater Treatment Plant 3 (PWWTP). The issues involved are complex, requmng consideration of wide­ ranging social, cultural, environmental and economic issues. Aspects of the regional planning framework are directive and we are required to have regard to the requirements of the National Policy Statement for Freshwater Management 2020 (NPSFivl) which came into er...

7. [2023] NZEnvC 029 Reefville Properties Limited v Christchurch City Council [pdf, 885 KB]

   ...development (including building frontages, circulation routes, sightlines and lighting) within the Northern Homebase Centre; and C. any potential safety or nuisance effects and methods to address such effects including by way of a Crime Prevention Through Environmental Design ("CPTED") assessment. iii. Heavy vehicles: For activities that will generate more than 250 heavy vehicle trips per day, whether there are any effects from these trips on the roading infrastructure. iv. A...

8. [2021] NZEnvC 073 Smith v Young [pdf, 782 KB]

   ...DFC NZ Ltd II Bieli!y (1991) 1 NZLR 587. 7 NCC submissions [13] lvis Besier and :tvis Iviitchell submit no order for costs should be made against NCC. Counsel point out that NCC did not cause the unconsented works which created the adverse environmental effects and NCC is not a party to the enforcement order proceedings. \'{lhile it took part in those proceedings, that was in good faith to assist the court and parties, in recognition that the proceedings had to be bundled...

9. [2020] NZEnvC 217 Trojan Holdings Limited v Queenstown Lakes District Council [pdf, 472 KB]

   ...appeal endorse the position they put at all stages of the review, including in the hearing before QLDC's independent commissioners. 4 In essence, they say their case that the provisions were a misuse of rule-making powers as a form of de facto designation was upheld by the court. 5 1 [5] They refer to the court's findings to the effect that the Links Provisions stand apart 2 3 4 5 [2020] NZEnvC 79 ('Decision'). Application for costs on behalf of the app...

10. 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...