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1. [2022] NZEnvC 209 Manawa Energy Limited v Marlborough District Council [pdf, 944 KB]

   ...provide alternatives for remote communities and properties and it is anticipated that these will become increasingly viable in urban and industrial areas as well. 2. Amend Policy 18.1.3, as follows, [R, C, DJ Policy 18.1.3 - When considE1ring the environmental effects o1f proposals to use and develop renewable energy res'ources, to have regard to: . , (a) the.benefits to be obtained from the proposal at local, regional or national levels, including f�r economic, social or cultu...

2. [2023] NZEnvC 273 Meridian Energy Ltd v Mackenzie District Council [pdf, 437 KB]

   ...______________________________ J J M Hassan Environment Judge 5 List of appellants ENV-2021-CHC-092 Director-General of Conservation ENV-2021-CHC-093 Royal Forest and Bird Protection Society of New Zealand Incorporated ENV-2021-CHC-094 Environmental Defence Society Incorporated List of s274 parties Balmoral Station (Tekapo) Ltd Canterbury Regional Council Classic Properties Limited Federated Farms of NZ (Inc) Genesis Energy Limited Glen Lyon Ltd Glen...

3. 2023-09-26-Evidence-of-Siiri-Wilkening-Noise.PDF [PDF, 255 KB]

   ...condition DGA94 requires that SSNVMPs (and the CNVMP) be prepared by a SQP, I understand from Table 8 of Mr Smith’s evidence that the SSNVMPs will not necessarily be prepared by a suitably qualified and experienced person but by project staff or the Environmental Manager of the Project. Often, project staff are not suitably qualified for this work, particularly in relation to the prediction and measurement of construction vibration which is less well understood and for which surve...

4. [2022] NZEnvC 035 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.7 MB]

   ...reasonable/proportionate in terms of associated financial costs. [22] In summary, the parties consider: (a) the agreed framework achieves an appropriate balance of enabling development (including economic growth and employment) while managing adverse environmental, social, economic, and cultural effects; and (b) the overall suite of provisions provides a clearer and simple/streamlined framework for development within the Estuary Estates Zone. [23] The parties consider that this...

5. [2023] NZEnvC 124 PowerCo Ltd v Manawatu District Council [pdf, 2.9 MB]

   ...disabilities. [PC51] REVERSE SENSITIVITY means the potential for the operation of an existing lawfully established activity to be constrained or curtailed by the more recent establishment of other activities, which are sensitive to the adverse environmental effects being generated by the pre-existing activity. [PC52] C h ap te r 2 - D e fi n it io n s PAGE 22 MANAWATU DISTRICT COUNCIL - MASTER AUGUST 2018 (Updated April 2022 legal effect) ROAD has the s...

6. Waitangi Tribunal Vol 2 Tauranga Moana [pdf, 9.2 MB]

   ...these claims, and has made no concessions regarding them. The Crown maintains that it has behaved appropriately, according to the standards of the time and the options and resources available to it. It argues that the current legislation governing environmental management gives significant protection to Māori interests, and is consistent with the principles of the treaty of Waitangi. 7.2 The issues When the stage 2 inquiry began, an initial set of issues was drawn up to guide the hear- i...

7. [2018] NZEnvC 122 Lee Valley Limestone v Tasman District Council [pdf, 4.6 MB]

   ...amalgamated with Lot 1 DP305843 on the eastern side of the highway. A new title will issue for proposed Lot 2 (18.4 ha) being the site and this will contain the quarry. There was no dispute that the proposed subdivision would not cause any adverse environmental effects and was consistent with the relevant planning provisions of the Tasman Resource Management Plan (TRMP). [6] Under s 106 RMA (pre 17 October 2017) we must consider whether the land is suitable for subdivision taking in...

8. OWRUG Updated Supplementary S Dicey Planning 24 March 2021 [pdf, 789 KB]

   ...Change - Incentivising a Controlled Activity Pathway 5. As noted by Mr de Pelsemaeker in his supplementary evidence, the Court invited the Otago Regional Council to confirm whether Plan Change 7 (PC7) was a process based plan or a process plus environmental enhancement plan change. 2 PP-1035600-2-391-V1 6. Mr de Pelsemaeker confirmed at paragraph 6 of his supplementary evidence that the mandate from ORC councillors was that PC7 be a process plan change only. Mr de Pelsem...

9. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 6.3 MB]

   ...coastal marine area. Prevent the discharge of untreated sewage from ships to harbours and the open coast. Integrated and comprehensive management of stormwater within a catchment or sUb-catchment framework. Minimisation of the risk of adverse environmental effects associated with the storage and use of hazardous substances within the coastal marine area. 2.4 Iwi Resource Management Objective 12 Objective 13 Objective 14 Objective 15 Objective 16 20 Take into account th...

10. 2021-04-21 Transcript (up to end of day 19) [pdf, 3.4 MB]

    ...were saying at the end. So I’ve asked you a question about the controlled 25 activity pathway and what that may be capable of achieving over the short term, and I wasn’t clear about your answer. A. I don’t think it can achieve anything environmentally or from an efficiency perspective. I think it can only be a simple process, or it should only be a simple process rollover, because if you require anything else, that can 30 require on farm changes, which requires investment f...