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1. [2021] NZEnvC 195 Canyon Vineyard Limited v Central Otago District Council [pdf, 913 KB]

   ...However, the further scenario is where no costs are awarded at all. This would normally be the position in relation to plan appeals under Schedule 1 or in cases where some aspect of the public interest counts against an award of costs being made. Environmental Protection Authority v BW Offshore Singapore Pte Ltd12 [16] After Bendigo's application was lodged with the court, the court became aware of a High Court decision of Environmental Protection Attthoriry v BW Offi'hore...

2. 2022-02-11 Statement of Evidence of Dean Whaanga dated 11 February 2022 [pdf, 183 KB]

   ...Waihōpai Rūnaka, Te Rūnanga Ōraka Aparima and Te Rūnanga o Awarua. See also my evidence on the primary sector provisions of PC8 dated 17 September 2021. 4 Te Tangi a Tauira – the Cry of the People: Ngāi Tahu ki Murihiku Natural Resources and Environmental Management Plan 2008. 5 environment in as good or even better condition than it was when we inherited it from those who came before us. 19 Ngāi Tahu ki Murihiku have been working with the fundamental concept of Te Man...

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] 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. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

   ...to experts’ costs, counsel note that the second invoice from SLR consulting, for $3,395.67, does not pertain to work in relation to the enforcement orders and is for services rendered after the orders were made. They submit that the Davidson Environmental Limited invoice for $5,462.50 is for an affidavit having at best peripheral relevance. They challenge the relevance of the CKL invoice for $11,095.30 for “planning” as no affidavit of Mr Batchelor’s was produced in suppor...

6. [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...

7. BORA Hazardous Substances And New Organisms (Transitional Provisions And Controls) Amendment Bill [pdf, 13 KB]

   ...were previously subject to controls under separate Acts covering animal remedies, explosives, dangerous goods, pesticides and toxic substances. 3. Under the provisions of this Bill, new hazardous substances will be subject to controls through the Environmental Risk Management Authority (the Authority) approval process. Current legislative controls over existing hazardous substances will be phased out over time to enable a smooth transition. These substances will have new HSNO controls a...

8. 2020-04-08-MfE-PC7-s-1422-Direction.pdf [pdf, 542 KB]

   ...suitable members to a board of inquiry difficult in a short timeframe whereas the Environment Court process would provide surety in terms of progressing a decision on the matter. Page 2 of 2 In reaching my decision I considered: a) The Environmental Protection Authority recommendation that I refer the matter to the Environment Court; b) The views of the Otago Regional Council, being the applicant and the relevant local authority that would have processed and decided the matt...

9. Fulton Hogan Limited 217 [pdf, 273 KB]

   ...entirety of the proceedings and supports the Appellant's appeal for the following reasons: (a) the Ambient Air Quality Amenity Standards ("AAAQS") impose greater restrictions on activities than what is provided for in the National Environmental Standard for Air Quality; (b) the imposition of those higher standards does not promote the purpose of the RMA; (c) there is no justification for the inclusion of the AAAQS in terms of section 32 of the RMA; and (d) there is n...

10. Fulton Hogan Limited 222 [pdf, 273 KB]

    ...entirety of the proceedings and supports the Appellant's appeal for the following reasons: (a) the Ambient Air Quality Amenity Standards ("AAAQS") impose greater restrictions on activities than what is provided for in the National Environmental Standard for Air Quality; (b) the imposition of those higher standards does not promote the purpose of the RMA; (c) there is no justification for the inclusion of the AAAQS in terms of section 32 of the RMA; and (d) there is n...