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1. [2023] NZEnvC 176 Prouse Trust Partnership v Horowhenua District Council [pdf, 8.3 MB]

   ...plan is the basis of the Structure Plan 013 and the following objectives and policies. ISSUE DISCUSSION Tara-Ika is anticipated to become a high amenity residential development. However, there is also a risk development could adversely affect the environmental quality and cultural values of the area due to effects arising from increased built form, traffic, and demand for infrastructure and services and pressure on eco-systems. State Highway 57 separates Tara-Ika from the rest of the u...

2. BORA Resource Management Amendment Bill [pdf, 332 KB]

   ...statutory limitation period applies for a person to file charges for certain offences under the RMA. The Bill increases this to 12 months, which is con- sistent with the statutory limitation period under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. Explanatory note Resource Management Amendment Bill 3 PCO 21656 v 9.3: 28 August 2019: 2:37 p.m. Enabling Environmental Protection Authority to take enforcement action under RMA Responsibility for enforceme...

3. 2022-03-18 ORC - Opening Submissions [pdf, 373 KB]

   ...activities it regulates. 39 Section 15 of the RMA prohibits any discharge of a contaminant into water or onto or into land in circumstances which may result in the contaminant entering water, unless the discharge is expressly authorised by a national environmental standard, rule in a regional plan or a resource consent. Absent a section 33 transfer of functions, discharges associated with earthworks activities can only be regulated by ORC. 40 Contaminant is broadly defined and...

4. 21.-Evidence-of-Mr-Michael-Smith-Noise-and-Vibration.PDF [PDF, 1.4 MB]

   ...previously been employed by multi-disciplinary firms AECOM and URS, and specialist acoustics firm Marshall Day Acoustics. 3. I prepared1 Technical Assessment B: Noise and Vibration (Technical Assessment B) as part of Volume IV of the Assessment of Environmental Effects (AEE), which accompanied the application for resource consents and notices of requirement for designations (NoRs) lodged with Manawatū- Whanganui Regional Council (Horizons), Greater Wellington Regional Council (G...

5. [2024] NZEnvC 005 New Zealand Transport Agency Inc v Horowhenua District Council [pdf, 917 KB]

   ...plan is the basis of the Structure Plan 013 and the following objectives and policies. ISSUE DISCUSSION Tara-Ika is anticipated to become a high amenity residential development. However, there is also a risk development could adversely affect the environmental quality and cultural values of the area due to effects arising from increased built form, traffic, and demand for infrastructure and services and pressure on eco-systems. State Highway 57 separates Tara-Ika from the rest of th...

6. 2021-07-07 Transcript (up until 3.25pm of day 42) [pdf, 2.6 MB]

   ...the Court is considering water-users in this process and in the 15 formation of the plan change 7, it’s most necessary. In my view, it behoves the Otago Regional Council in its application of water management processes to consider not just the environmental implications but the implications on its region and people in its region, in the Otago Region. 20 Southern Lakes Holdings itself has invested significantly into the use of water resources. We have four small irrigation pro...

7. Transcript - Hearing - PC7 - 12 April 2021 [pdf, 1.1 MB]

   ...important, then what other methods are available to us to recognise the work being done by priorities as between abstractors, and should our interests be as between abstractors only, which is what we think priorities are about, or should it have an environmental focus, which is a particular interest in dock, Director General, Conservation. So we will be, again, 25 looking to our alternatives, if priorities don’t survive, but there’s a gap, how can the gap be bridged, how should...

8. 2021-04-12 Transcript (up to end of day 15) [pdf, 1.1 MB]

   ...important, then what other methods are available to us to recognise the work being done by priorities as between abstractors, and should our interests be as between abstractors only, which is what we think priorities are about, or should it have an environmental focus, which is a particular interest in dock, Director General, Conservation. So we will be, again, 25 looking to our alternatives, if priorities don’t survive, but there’s a gap, how can the gap be bridged, how should...

9. 10.4 Appendix D: Environment Court In-Court Media Coverage Guidelines 2011

   ...notes on hearing venue courtesy in Schedule 5. Method of communication Any written application or response under these guidelines may be delivered, posted, faxed or emailed. Schedule 1 Application for In-Court Media Application To the Hearing Manager Environmental Court, We request permission to: film take still photographs during record The following proceedings: Case name Number Scheduled start date Expected dates of coverage [In the case of television or radio] Name of programme or program...

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10. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

    ...already been made at these processes. It may be important for the case-managing judge to be alert to this sort of issue. [28] While mentioning the thinking of Judge Rackemann, it is interesting to read a recent article by him in the National Environmental Law Review, 1 the official journal of the National Environmental Law Association of Australia. I will leave those interested to read the article, but simply note here that Judge Rackemann offers an interesting critique of the...