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1. [2021] NZEnvC 058 The Tree Council (Auckland) Inc v Auckland Council & Zheng [pdf, 895 KB]

   ...ex pmte means) and without holding a hearing. These provisions reflect the possibility that the need for action to deal with a contravention of the RMA may be so urgent that the usual requirements for notice and a hearing could result in greater environmental damage. The issue is whether such risk outweighs the general desirability of adherence to the usual procedure of a court and the principles of natural justice, including in particular hearing both sides to a case before making...

2. [2021] NZEnvC 119 Wellington City Council v Thor Group Limited [pdf, 4 MB]

   ...from the site which was discharging into the channel on the boundary of the neighbouring property. [5] Mr N Kumar said that during heavy rain sediment laden surface water will run onto the footpath and the neighbour's property causing adverse environmental effects. Mr Kumar said that (to that date) no runoff and sediment controls had been installed at the Property despite numerous assertions by the Respondents that controls would be installed. [6] Mr N Kumar told the Court he...

3. 2023-09-26-SOE_Jon-Williamson_Hydrogeology-and-Groundwater.pdf [pdf, 216 KB]

   ...including description of the construction methodology and ultimate design, that addresses: (a) Groundwater system and dynamics; (b) Extend and duration of groundwater interactions; (c) Potential effects on other parties; and (d) Assessment of environmental effects including both short term and long term. [19] These requirements have not been incorporated into the Waka Kotahi conditions. [20] I remain of the opinion that this information and certification process is necessary...

4. [2024] NZEnvC 150 Kaiuma Farm Limited v Marlborough District Council [pdf, 395 KB]

   ...[14] Marberry applied for a land use application from the Council on 16 November 2020, for harvesting of commercial forest and earthworks to facilitate harvesting, and construction of stream crossings. The application included an Assessment of Environmental Effects (‘AEE’). [15] The majority of plantation forest proposed to be harvested is regulated by the National Environmental Standard for Plantation Forestry (‘NES-PF’), now the National Environmental Standard for Commerc...

5. Appendix-M3-NZEAN-Legislation-Changes-Requests-.pdf [pdf, 181 KB]

   ...rule, must have regard to, and give such weight as the Minister considers appropriate to whether the proposed rule …  ○ assists economic development,  ○ improves access and mobility, ○ protects and promotes public health and\or ○ ensures environmental sustainability. Each of the items listed above are applicable to the current detrimental effects of this rule on the horse riding public. Please change current Road Legislation (include these changes in Accessible Streets 2020 wh...

6. Annexure 5 - Water Quantity [pdf, 151 KB]

   ...This total includes 309 deemed permits5 totalling 41.3 m3/s mostly concentrated in the Dunstan, Manuherekia and Roxburgh rohe and Taieri FMU. [5] Mr T De Pelsemaeker highlighted the need for a comprehensive reassessment of the current limits and environmental flows/levels and the objectives and policies that guide their setting as part of: (a) a full review of the operative Regional Plan: Water for Otago under s 79 of the RMA; 1 Henderson, EiC at [47]. 2 Henderson, EiC at [4...

7. [2022] NZEnvC 222 Nelson-Marlborough Fish and Game Council v Marlborough District Council [pdf, 431 KB]

   ...exacerbating those adverse effects. The policy will primarily be implemented through the zoning of land and the scale/intensity of activity that the zone rules enable. However, the policy can also be applied in a resource consent context when an assessment of environmental effects for the structure or work identifies a risk of land instability. This includes subdivision undertaken to enable more intensive use of the land. A safe and stable building platform will have to be established for t...

8. Appendix-A1-NZEAN-Legislation-Changes-Requests-2.pdf [pdf, 188 KB]

   ...rule, must have regard to, and give such weight as the Minister considers appropriate to whether the proposed rule …  ○ assists economic development,  ○ improves access and mobility, ○ protects and promotes public health and\or ○ ensures environmental sustainability. Each of the items listed above are applicable to the current detrimental effects of this rule on the horse riding public. Please change current Road Legislation (include these changes in Accessible Streets 2020 wh...

9. E41 Ahad Khan - Development Engineering - EIC - Council [pdf, 696 KB]

   ...have reviewed the following documents and reports: (a) The documents listed in paragraph 1.4 of my Report; (b) The relevant parts of the following draft Management Plans as attached to the Applicant’s evidence in chief: i. Draft Construction Environmental Management Plan (CEMP)4; ii. Draft Remediation Action Plan (RAP)5; and iii. Draft Erosion and Sediment Control Plan (ESCP)6; (c) The statement of evidence of Kurt Grant (construction methodology) for the Applicant7;...

10. ENVC Hearing 6Oct14 DM expert Paul Monin [pdf, 159 KB]

    ...and Heritage Impact Assessment, Matiatia Marina Project’, September 2010, Peter Rikys;  ‘Matiatia Marina, Waiheke Island Archaeological Survey and Assessment Effects’, March 2013, Don Prince. (TDE);  Technical Memo- Heritage Unit –Environmental Strategy & Policy, Auckland Council, 21 November 2013, Mica Plowman. CODE OF CONDUCT 7. I have read the Environment Court’s Code of Conduct for Expert Witnesses and to the extent that my evidence provides expert opinio...