Search Results

1. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 13 MB]

   ...Environment Commissioner D J Bunting Hearing: at Dunedin on 19 February 2018 (Final submissions received 9 March 2018) Appearances: L A Andersen for Port Otago Limited A J Logan and T Sefton for Otago Regional Council D A Allan and MCWright for Environmental Defence Society and Royal Forest and Bird Protection Society of NZ Incorporated (section 274 parties) R B Enright for BP Oil NZ Limited , Mobil Oil NZ Limited and Z Energy Limited (section 274 parties) Date of Decision: 28 Se...

2. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   ...confers a broad discretion.6 The court is guided by a body of general principles developed through the case law and recorded in the court's Practice Note and that guidance is useful in this context.7 This is bolstered in the High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd (‘BW Offshore’), which highlighted the importance of not being inconsistent, when exercising the discretion, with well- established principles.8 In particular, as part of...

3. ENVC paper Challenges Changes in Environment Court 2013 [pdf, 103 KB]

   ____________________________________________________________________ CHALLENGES AND CHANGES IN THE ENVIRONMENT COURT _____________________________________________________________________ Paper presented by Acting Principal Environment Judge Laurie Newhook to 3rd Annual Environmental Law and Regulation Conference Wellington, 16 and 17 April 2013 Recent initiatives for efficiency of process in the Environment Court [1] I have been asked to speak today about recent and curren...

4. [2017] NZEnvC 197 Marine Farming Association Incorporated v Marlborough District Council [pdf, 3.4 MB]

   ...date of commencement of the consent under section 116A unless- (a) the applicant has requested a shorter period; or (b) a shorter period is required to ensure that adverse effects on the environment are adequately managed; or (c) a national environmental standard expressly allows a shorter period. (3) The period specified under subsection (1) must be not more than 35 years from the date of commencement of the consent under section 116A.6 (4) This section applies subject to sectio...

5. [2024] NZEnvC 093 Ocean Dynamics Limited v Tauranga City Council [pdf, 349 KB]

   ...conditions: General 1. Subject to any amendments required to be made to comply with the following conditions, the consented activity must proceed in accordance with the application submitted including: (a) The Application and Assessment of Environmental Effects Report prepared Lysaght and titled ‘Proposed Development for TMH (1982) Limited’, dated 14 November 2022. (b) Flood hazard assessment prepared by Lysaght dated 2 November 2022, reference 225222. (c) Geotechnical inve...

6. [2017] NZEnvC 155 J Evans v ADL Properties Ltd [pdf, 2.4 MB]

   ...of Gallaway Cook Allan's lease in its old premises; (d) the applicant's failure to withdraw the application once the misunderstandings were explained; (e) the applicant's failure to call any expert evidence in relation to the environmental effects of the alleged non-compliance; (f) the applicant's failure to consider environmental effects if the enforcement order was granted; and (g) the applicant's failure to consider the costs to the respondent of comp...

7. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   ...benefit of this approach for plan users is the added clarity and guidance that policy PREC31-P1 provides with regard to growth, urban form, amenity and sense of place. The costs and benefits are set out in the table below: Benefits Costs 6 Environmental Avoids development in areas with geotechnical constraints. Increasing the housing density limits the need for sprawl which results in an efficient use of the land area. The natural environment is sought to be enhanced. En...

8. ORC & Federated Farmers - EIC - Mathew Korteweg - 17 September 2021 [pdf, 1.3 MB]

   ...environment plan (which we use) for our dairy farm considers general farm practices, land and soil, irrigation, effluent management, waterways, biodiversity, and nutrients. 43 Good farming practices also consider need to identify and manage environmental risk on farm. The magnitude of risk is a combination of likelihood of environmental risk and the relative impact. This helps to identify environmental priorities. 44 The Fonterra “good farming practices” in our Farm Enviro...

9. People discharged without conviction December 2017 [xlsx, 293 KB]

   ...deception and related offences 272 171 283 129 132 121 168 150 160 133 10: Illicit drug offences 257 263 247 203 208 160 154 158 132 192 11: Prohibited and regulated weapons and explosives offences 135 107 99 93 80 74 59 79 66 68 12: Property damage and environmental pollution 488 447 396 347 381 232 195 203 173 191 13: Public order offences 860 787 550 312 220 176 120 115 109 124 14: Traffic and vehicle regulatory offences 470 470 381 368 427 330 374 378 376 337 15: Offences against just...

10. [2023] NZEnvC 273 Meridian Energy Ltd v Mackenzie District Council [pdf, 437 KB]

    ...______________________________ J J M Hassan Environment Judge 5 List of appellants ENV-2021-CHC-092 Director-General of Conservation ENV-2021-CHC-093 Royal Forest and Bird Protection Society of New Zealand Incorporated ENV-2021-CHC-094 Environmental Defence Society Incorporated List of s274 parties Balmoral Station (Tekapo) Ltd Canterbury Regional Council Classic Properties Limited Federated Farms of NZ (Inc) Genesis Energy Limited Glen Lyon Ltd Glen...