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1. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...heritable condition that develops during adolescence and has varying impact on affected dogs. [Medical condition 2] has a very well known breed predisposition in [pedigree dog breed]. These problems are the result of the genetic background as well as environmental factors. They would not occur without the tendency for each condition to be present in the breed lines. Some dogs will be crippled without surgery and others will cope with conservative treatment. [Dog] has a condition that rel...

2. [2024] NZEnvC 191 Bridge v Central Hawke's Bay District Council [pdf, 242 KB]

   ...of the waiver and advised that he may not have agreed to other matters covered by his rezoning appeal if he had known that the Trust was involved. However, he has not expanded on how that may have altered his position. [33] Judge Thompson in Environmental Defence Society Inc Re; Man O' War Station Ltd v Auckland Council observed that:9 8 Omaha Park Ltd v Rodney District Council EnvC A046/08. 9 Environmental Defence Society Inc Re; Man O'War Station Ltd v Auckland Counc...

3. ENVC Matiatia party corresp costs Lewis and Greve 20160121 [pdf, 241 KB]

   ...primary factor relevant to the exercise of the discretion to award costs. The Court observed (at [30]) that in proceedings where a right of appeal is limited to points of law “it was imperative that the application, together with the assessment of environmental effects and the evidence to be called in support, was thoroughly prepared.” The Court outlined some differences in the scope and conduct of a first instance hearing compared with an appeal, concluding that “the differen...

4. 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...

5. [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...

6. [2022] NZEnvC 161 Hutt City Council [pdf, 2.6 MB]

   ...for: (a) the confirmation of NZTA's, WRC's, HCC's and KiwiRail's Notices of Requirement (NoRs); (b) the grant of NZTA's, WRC's and HCC's applications for land use consent under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES Soil) (District Applications); and (c) the grant of NZTA's, WRC's and HCC's applications for resource cons...

7. E45 Glen Wright - Lighting - EIC - Council [pdf, 764 KB]

   ...Appendix B updated on 31 July 20186; (d) The statement of evidence of Paul Kennedy (Coastal Environment) for the Applicant7; (e) The statement of evidence of Kurt Grant (Construction Methodology) for the Applicant, including the draft Construction Environmental Management Plan (CEMP) as Attachment B dated 3 August 20188; and (f) The statement of evidence of Karl Cook and Vijay Lala (Planning) for the Applicant, including the Proposed Conditions of Consent (Proposed Conditions)...

8. [2019] NZEnvC 101 Stone v Hastings District Council [pdf, 1.2 MB]

   ...respect of Part II, regard must be had for: (a) any actual and potential effects on the environment of allowing the activity; (b) any relevant provisions of a plan; and (c) any other relevant matters. 8 Statutory instruments National and Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 [32] This document affects subdivisions being undertaken on sites which have or had contained hazardous activities or industries. We were adv...

9. [2024] NZEnvC 290 Save the Maitai Inc v Nelson City Council [pdf, 736 KB]

   ...Objective RE6 Maitahi/Mahitahi Bayview Development (Schedule X) and Reasons: Objective RE6 Maitahi/Mahitahi Bayview Area (Schedule X) The Maitahi/Mahitahi Bayview Area (Schedule X) contributes positively to the social, economic, cultural and environmental well-being of the Nelson Whakatū community including: • a new mixed density residential neighbourhood amongst areas dedicated to public open space and revegetated rural land; and • a sense of place that is responsive to, and...

10. [2024] NZEnvC 261 Ngati Rarua Settlement Trust v Marlborough District Council [pdf, 428 KB]

    ...decline resource consent to construct and operate a 24-hour, 7-days a week self-service car wash facility at Horton Street, Blenheim. Resource consents were required under the proposed Marlborough Environment Plan (‘pMEP’) and the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (‘NESCS’). Specifically, the required consents were: (a) a discretionary activity consent for a vehicle orientated activity in the Busi...