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1. Final Env-Reg-Report-2023-24 [pdf, 448 KB]

   ...Commissioner Prime’s services to Aotearoa New Zealand have been recognised by many prestigious awards. In his time with the Court, he has conducted and resolved many cases through mediation and sat on many cases of significance adding greatly to environmental jurisprudence. Commissioner Prime is highly regarded by all staff and judicial officers within the Environment Court and his work with the Court over the past 20 years leaves a rich legacy. There were no new Environment Comm...

2. [2024] NZEnvC 294 Whakatane District Council v Ohope International Golf Club Incorporated [pdf, 1.6 MB]

   ...planted specimens reach a minimum of 2 metres in height, if the time required to achieve the later extends beyond 10 years. This management is additional to any dune ecosystem management that the Golf Club may carry out pursuant to with the environmental programme agreement between BOPRC and other parties, including WDC, TRONA and the Golf Club (“Environmental Programme”). Plant sourcing All plants should be sourced from the coastal eastern Bay of Plenty. All plants will ne...

3. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part1.pdf [pdf, 20 MB]

   ...modellers, and stormwater design engineers. I have been part of the group of ‘design team leads’ on the Ō2NL Project which has enabled my close collaboration with other discipline leads, in addition to working with other relevant assessment of environmental effects ("AEE") assessors. 20. Dr Jack McConchie of SLR, who is the author of Technical Assessment G – Hydrogeology and Groundwater, has provided feedback, including ultimately via a formal peer review memorand...

4. [2023] NZEnvC 265 Gibbston Vines Ltd v Queenstown Lakes District Council [pdf, 362 KB]

   ...Policy 9: Reverse sensitivity effects are managed so as not to constrain land-based primary production activities on highly productive land. [26] On the interpretation of Pol 7, counsel for QLDC refer to observations in the Supreme Court decision in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd22 to the effect that “avoid”, as used in the NZCPS, has its ordinary meaning of “not allow” or “prevent the occurrence of”.23 Counsel for QLDC submit that it...

5. [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...

6. [2023] NZEnvC 133 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.6 MB]

   ...Topic 1B. [8] Topic 1B was set down for a two-day hearing commencing 30 April 2021. [9] In March 2021, the hearing set down for Topic 1B was adjourned due to appeals against the Environment Court decision1 on the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F). The 1 Bay of Islands Maritime Park Inc v Northland Regional Council [2021] NZEnvC 6. 4 appeals were heard by the High Court on 6 September 2021. The High Court decision...

7. 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...

8. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

   ................................................................................................................................................ 222 Regulations, Policy and Planning Documents under the RMA ...................................................... 222 National Environmental Standards (NES) ......................................................................................... 222 National Policy Statements (NPS) .......................................................................

9. Wernham v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 022 [pdf, 315 KB]

   ...of clandestine drug laboratories (Clan Labs). A Clan Lab houses a collection of chemicals and equipment, which is used to manufacture illicit drugs (mostly, methamphetamine). The Clan Lab Team works alongside scientists from the Institute of Environmental Science and Research Ltd (ESR), collecting samples that ESR scientists test and analyse. [3] In a 40-hour week, Mr Wernham spent approximately 50% of his time at Clan Lab scenes, and 50% of his time in the office doing administra...

10. [2018] NZEnvC 130 Friends of Nelson Haven Tasman Bay Incorporated v Tasman District Council [pdf, 1.5 MB]

    ...HAVEN AND TASMAN BAY INCORPORATED (ENV-2017 -WLG-00001 0) Appellant AND TASMAN DISTRICT COUNCIL Respondent AND WAINUI SPAT CATCHING GROUP Applicant AND JILLIAN RUTH FOXWELL FRIENDS OF GOLDEN BAY SOCIETY (INCORPORATED) JAMES BEARD ENVIRONMENTAL TRUST ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED s274 Parties Environment Judge D A Kirkpatrick Environment Commissioner I Buchanan Environment Commissioner K Edmonds On the Papers ,.': ~ -...