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1. [2023] NZEnvC 214 Powerco Ltd v New Plymouth District Council [pdf, 215 KB]

   ...NU-R13 imposes onerous obligations by requiring relatively routine and small-scale network utility activities to obtain resource consent. This will result in a significant administrative burden on Powerco Ltd and the Council, with negligible environmental benefits. (e) As outlined in Te Mana Moana o Ngāti Irapuaia Trust v Bay of Plenty Regional Council,2 consideration of a waiver application involves a two-step process. First, the Court is required to make a determination as to...

2. Federated Farmers of New Zealand.pdf [pdf, 310 KB]

   ...wellbeing of the Waikato and Waipā Rivers. However, Federated Farmers considers that the regulatory and non-regulatory methods proposed in PC1 do not appropriately give effect to the relevant higher order documents, have not appropriately balanced environmental, economic, social and cultural considerations, and are not the most efficient and effective means of achieving the objective of the plan change. 4. Federated Farmers is interested in all the issues raised by the Appell...

3. 2020-10-23-Minute-PC-1-8-Notice-of-motion-lodgement-service-of-documents.pdf [pdf, 160 KB]

   ...Otago Regional Council referred the proposed Omnibus Plan Change to the Environment Court under s 149T(2) of the Resource Management Act 1991 by lodging the notice of motion together with the supporting affidavit of Anita Jayne Dawe;2 (c) the Environmental Protection Authority gave public notice of the Minister’s direction to refer the proposed Omnibus Plan Change to the Environment Court for decision; (d) the proposed Omnibus Plan Change was publicly notified and submissions...

4. CNI Iwi Land Management Limited.PDF [PDF, 150 KB]

   ...the relief does not promote the sustainable management of natural and physical resources; (b) the relief is not consistent with the National Policy Statement for Freshwater Management 2020, Te Mana o Te Wai or the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (to the extent that those matters are determined to be relevant to Plan Change 1); (c) the relief is not the most appropriate way to achieve the purpose of the Act or the purpose of...

5. Appendix-17-List-of-Submitters.pdf [pdf, 245 KB]

   ...Emma Chalmers Neutral Neutral Neutral Neutral Not Heard 61 Bronwen Holman Oppose Not Specified Not Specified Not Specified Not Heard 62 Royal Forest and Bird Protection Society Inc Neutral Neutral Neutral Neutral Not Specified 63 Te Ao Turoa Environmental Centre, Rangitaine o Manawatu Neutral Neutral Neutral Neutral Heard 64 Adrian Gregory Support Support Not Specified Not Specified Heard 65 Sarah De Geest Oppose Oppose Not Specified Oppose Not Heard 66 John Bent Oppose...

6. [2024] NZEnvC 189 Gisborne District Council v China Forestry Group New Zealand Company [pdf, 4.3 MB]

   ...its social licence in Tairāwhiti due to a culture of poor practices – facilitated by GDC’s capitulation to the permissiveness of the regulatory regime – and its under-resourced monitoring and compliance. Together, these factors have caused environmental damage, particularly to land and waterways, and may have put the health and safety of people and their environment at risk. [9] In determining this application, we bear in mind that the Kanuka Forest is just one of the forests in...

7. ENV-2016-AKL-000211 Okura Holdings Limited v Auckland Council [pdf, 140 KB]

   ...Report, attached as Appendix B) were all thoroughly addressed by the IHP in its recommendation which was based on a full consideration of the evidence presented by all parties. (d) OHL's proposed development will have significant positive environmental effects. Page 3 Relief Sought 8. OHL seeks the following relief: (a) That the Rural Urban Boundary be extended in Okura to the location recommended by the IHP. (b) That the land included within the extended Rural Urban...

8. [2024] NZEnvC 210 Ratcliffe Family Trust v Hamilton City Council [pdf, 149 KB]

   ...contended that: (a) The Appellant is a person as defined under the RMA, being a body of persons whether corporate or unincorporated, and that the Council has jurisdiction under the RMA having been charged with enforcing the observance of national environmental standards (see s 44A(8)); (b) It responded to an adverse event requiring immediate preventive and remedial measures to be undertaken; (c) The follow-on provision contained in s 330A does not apply. The Appellant was preven...

9. ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]

   ...The first factor is the nature of the item. This is a kit that contains bee cocoons and this is different to a manufactured inanimate product. As a seller, MI Ltd will have limited control over the item’s life cycle and its viability may depend on environmental factors which are also beyond anyone’s control. 11. The second factor I consider are the representations made by the seller. I see that on the website, this item is described as follows: Introducing our [garden kit], a c...

10. [2024] NZEnvC 243 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 209 KB]

    ...Ngāti Kuku is a hapū of the Ngāi te Rangi iwi of Tauranga Moana. Te Runanga o Ngāi Te Rangi Iwi Trust was part of the PC13 proceedings as a s 274 party. Mr Ngātuere has previously given evidence in the PC13 proceedings for Ngāi te Rangi as its environmental spokesperson. [11] As to the involvement of Ngati Kuku and Whareroa Marae in the s 293 proceedings, Mr Ngātuere stated in the affidavit: 4 Involvement of Ngāti Kuku and Whareroa Marae in the proceedings … Ng�...