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1. OWRUG - Supplementary - S Dicey - Planning - 19 March 2021 [pdf, 573 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-1035600-2-215-V6 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...

2. [2022] NZEnvC 247 Country Lifestyles Limited v Auckland Council [pdf, 441 KB]

   ...application for the construction of a “facility for older rural folk to retire to” at 782 Haruru Road, Wainui. [4] The parties agreed a statement of facts and documents.1 The proposal [5] The proposal is described in the Assessment of Environmental Effects (AEE) as being much smaller than a retirement village but rather a “rural retirement community”. 1 Dated 6 August 2021. 4 Specifically, the proposal is:2 Building of 17 residential buildings as shown...

3. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

   ...has jurisdiction to make the amendments. 6 Section 149E(1) of the RMA provides that, when a matter is called in under section 142(2) and publicly notified under section 149C, any person may make a submission "about" the matter to the Environmental Protection Authority (EPA). 7 Submissions on PC1 must be in the prescribed form.3 The form requires a submitter to give details of the specific provisions of PC1 that the submission relates to, and to give precise details of th...

4. 2024-07-05-Notice-of-Hearing-King-Shag.pdf [pdf, 256 KB]

   ...Interested Party S274 Clearwater Mussels Limited Quentin Davies, Gascoigne Wicks, P O Box 2, Blenheim Interested Party S274 Clova Bay Residents Association Incorporated Trevor Offen, 192 Clova Bay Road, RD 2, Picton 7282 Interested Party S274 Environmental Defence Society Incorporated Cordelia Woodhouse, Ellis Gould, PO Box 1509, Auckland Interested Party S274 Environmental Defence Society Incorporated Sally Gepp, 3 Brookside, Nelson 7010 Interested Party S274...

5. [2021] NZEnvC 054 Nga Kaitiaki O Te Awa O Ngaruroro [pdf, 1 MB]

   ...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: a. film b. take still photographs during c. record the following proceedings: • Case name • Number • Scheduled start date • Expected dates of coverage • [In the case o...

6. Territorial Authorities - MW Twose - Supplementary - 12 May 2021.pdf [pdf, 822 KB]

   ...of the Long Term Plan process. SECTION THREE: ISSUES FOR PLANNING WITNESSES - JOINT MEMO OF COUNSEL DATED 7 MAY Question 13. When assessing an application by a territorial authority for a new or replacement permit to take and use water are the environmental effects of the end-use a relevant consideration under the provisions of the Regional Plan: Water? 17. Under rule 12.1.3.1 of the Regional Plan: Water Plan the taking and use of surface water for community water supply is a con...

7. [2021] NZEnvC 182 Country Lifestyles Limited v Auckland Council [pdf, 221 KB]

   ...the parties. This is contained in the following documents that the Council and CLL agreed should be before the Court in the agreed statements of facts and documents dated 6 August 2021: (a) CLL’s land use consent application and assessment of environmental effects and statutory analysis dated December 2020; (b) Letter to CLL from the Council advising of the return of CLL’s application under s 88(3) of the RMA dated 22 January 2021; (c) CLL’s notice of objection dated 25 Ja...

8. Director-General of Conservation [pdf, 467 KB]

   ...address any damage to aquatic habitat and discharge of contaminants resulting from stock access to those waterbodies; and 8 Appeal point Provision reference (decision version) Reason(s) for appeal Relief sought iii Ensuring that the environmental outcomes of stock exclusion, outlined in Schedule C, are achieved by another means.” 6. Policy 4 Table 3.11-2 inappropriately focusses on an already limited number of contaminants affecting water quality in the catchmen...

9. [2022] NZEnvC 152 Ngai Taiwhakaea v Whakatane District Council [pdf, 301 KB]

   ...to explore the possibility of settlement where compromise could have been reasonably expected; and 10 DFC NZ Ltd v Bielby [1991] 1 NZLR 587. [11] 6 (e) where a party takes a technical or unmeritorious point. The High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd11 signalled a potential departure from the Bielby factors in favour of the High Court costs principles. However, this Court has identified concerns with the approach in BW Of...

10. [2024] NZEnvC 177 Connor-Kingi v Whangarei District Council [pdf, 278 KB]

    ...test as to whether substitution is appropriate hinges on whether the substitution is necessary or desirable. This is an issue of fact and degree in the specific context of any case. [26] Though not put before me, I note that the Assessment of Environmental Effects accompanying the application for resource consent describes the site as being within the rohe of Ngāti Kahu o Torongare.14 The Cultural Impact Assessment dated October 2022 was prepared on behalf of Te Parawhau Hapū....