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1. Submissions on behalf of Guardians of the Bays Incorporated (dated 13 April 2018) [pdf, 136 KB]

   ...The very fact of the ongoing proceedings is prejudicial to at least some of GotB and ThT members, the latter more particularly so given the implications for Moa Point residents. While property value is not normally “double counted” on top of environmental effects in the substantive consideration of an application, the depressive effect of an uncertain application on hold indefinitely (or so it might seem) is relevant to the question of prejudice in allowing further delays. Anxi...

2. 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...

3. [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...

4. [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....

5. Powerpoint NZLS Workshop - HOW TO RUN A RESOURCE MANAGEMENT CASE [pdf, 815 KB]

   ...structured and clear – Your client is paying the costs of the hearing – Repetition needs to be avoided and case needs to be concise and focussed – Meet your team well in advance – Discuss big picture – Provide template to experts – See Environmental Court 2014 Practice Note – All drafts peer reviewed by other experts and lawyers • Pre-circulation – Resource Consents – Section 42A officers report now circulated 15 working days before the hearing – All applican...

6. Regulatory Impact Statement on proposed LINZ fees regulations under the marine and coastal area takutai moana 2011 act [pdf, 88 KB]

   ...allows applicants to seek interests ranging from freehold title to leases, licences or other rights to occupy or use the land. 4. Central and local government both have decision-making roles regarding reclaimed land. Regional councils consider the environmental effects and whether to grant a resource consent under the Resource Management Act 1991. The Minister for Land Information, on behalf of the Crown as owner of reclaimed land, decides whether to vest a legal interest in a reclama...

7. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

   ...construction, and maintenance and operations, in accordance with this Act and the Government Roading Powers Act 1989 ... [3] In meeting its objective and undertaking its functions under the L TMA the Agency must, among others, exhibit a sense of social and environmental responsibility. 2 The Agency must also use its revenue in a manner that seeks value for money.3 [4] As part of its improvement programme the Agency has identified that the existing 7.4km long Mount Messenger section o...

8. [2018] NZEnvC 054 Tasman District Council [pdf, 496 KB]

   ...Geoffrey Stephen Markham; (viii) Such further grounds as submitted in the Memorandum of Counsel for the Applicant. As noted in the reasons section, the application was accompanied by a detailed affidavit sworn by Mr G S Markham (Principal Planner Environmental Policy at the CounCil) and a memorandum from counsel to the Council. Background [3] It will be seen from the description of the application in para [1] (above) that the rules which the Council seeks to have legal effect...

9. [2018] NZEnvC 141 Auckland Council v Lau [pdf, 419 KB]

   ...Council submitted that: ... the pattern of the Respondents' conduct at the properties has been one of obstinate and wilful non-compliance. The only means available to the Council to bring about compliance and address the associated adverse environmental effects has been to obtain enforcement orders. Moreover, the Council has felt compelled to seek consent under s 315 due to its apprehension that the Respondents will disregard the orders. Development Finance Corporation of NZ...

10. 2021-07-28 OWRUG - Legal submissions in relation to the pORPS [pdf, 121 KB]

    ...integrated management and partnership with Kai Tahu3, to be achieved through the intended Land and Water 4 PP-1035600-2-579-V1 Regional Plan. The cost of that trade-off is not evaluated either in terms of policy consistency or in environmental terms. 14. Mr Twose makes a related point in his paragraph 9 where he acknowledges that PC7 is processed-based and so does not “give full effect to the new policy direction in the pORPS as it lacks a policy framework tha...