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  1. [2024] NZEnvC 155 Save the Maitai Inc v Nelson City Council [pdf, 888 KB]

    ...interpretation of the interaction between the NPS-UD and the NPS-HPL, so that where they conflict, the NPS-UD should prevail. We understand the reference to a structured analysis to refer to the approach discussed by the Supreme Court in Port Otago Ltd v Environmental Defence Society Inc.17 For the reasons set out below we do not view the present case as bringing the NPS-UD and the NPS-HPL into conflict, so it is not necessary for us to conduct the structured analysis referred to...

  2. [2018] NZEnvC 088 Clearwater Mussels Limited v Marlborough District Council [pdf, 21 MB]

    ...Edmonds Environment Commissioner J A Hodges Hearing: at Christchurch on 4-7 December 2017 Appearances: Q Davies and A Hills for the appellant M Radich and S Wadworth for the respondent J Ironside for Friends of Nelson Haven and Tasman Bay and Environmental Defence Society C Marchant in person M Marchant for the Marchant Family and others Date of Decision : 8 June 2018 Date of Issue: 8 June 2018 INTERIM DECISION OF THE ENVIRONMENT COURT A: The appeal is declined and the decisi...

  3. 2021-03-12 ORC PC7 - Transcript - up to end of day 3 [pdf, 1.4 MB]

    ...express the aspirations of communities and tangata whenua for each FMU, or part FMU. This will provide the foundation for freshwater management in the new land and 15 water regional plan (LWRP) and set the basis for identifying values, setting environmental outcomes and environmental flows and levels required by the NPSFM. The Council has committed to notifying a new land and water regional plan by 20 31 December 2023. The Council science team has created a number of dedica...

  4. 28.-Evidence-of-Mr-Grant-Eccles-Planning.PDF [PDF, 1.7 MB]

    ...TABLE OF CONTENTS INTRODUCTION 1 EXECUTIVE SUMMARY 4 THE RMA AUTHORISATIONS 7 ENVIRONMENT FOR ASSESSMENT 11 CONSIDERATION OF ALTERNATIVES 16 REASONABLE NECESSITY 16 EFFECTS ON THE ENVIRONMENT 18 RMA POLICY STATEMENTS, PLANS, NATIONAL ENVIRONMENTAL STANDARDS AND OTHER REGULATIONS 32 OTHER MATTERS 62 THE "GATEWAY TEST" UNDER SECTION 104D 64 WORK SINCE LODGEMENT 65 COMMENTS ON SUBMISSIONS 66 COMMENTS ON THE COUNCIL REPORTS 69 PART 2 ASSESSMENT 79 APPENDI...

  5. List of parties as at 14 July 2021 [pdf, 700 KB]

    ...Iwi Land Management Limited Tyson Hullena, Kahui Legal, Po Box 1654, Wellington 6140, tyson@kahuilegal.co.nz Interested Party S274 Director-General of Conservation Dean van Mierlo, CMB 45 Punakaiki, RD1 Runanga, West Coast 7873, dean@environmentalbarrister.co.nz Interested Party S274 Director-General of Conservation Stephanie McNicholl, NO COUNSEL ADDRESS AVAILABLE, smcnicholl@doc.govt.nz ENVIRONMENT COURT OF NEW ZEALAND Interested Party S27...

  6. List of parties as at 14 July 2021 [pdf, 709 KB]

    ...Iwi Land Management Limited Tyson Hullena, Kahui Legal, Po Box 1654, Wellington 6140, tyson@kahuilegal.co.nz Interested Party S274 Director-General of Conservation Dean van Mierlo, CMB 45 Punakaiki, RD1 Runanga, West Coast 7873, dean@environmentalbarrister.co.nz Interested Party S274 Director-General of Conservation Stephanie McNicholl, NO COUNSEL ADDRESS AVAILABLE, smcnicholl@doc.govt.nz ENVIRONMENT COURT OF NEW ZEALAND Interested Party S27...

  7. List of parties as at 30 July 2021 [pdf, 722 KB]

    ...Iwi Land Management Limited Tyson Hullena, Kahui Legal, Po Box 1654, Wellington 6140, tyson@kahuilegal.co.nz Interested Party S274 Director-General of Conservation Dean van Mierlo, CMB 45 Punakaiki, RD1 Runanga, West Coast 7873, dean@environmentalbarrister.co.nz Interested Party S274 Director-General of Conservation Stephanie McNicholl, NO COUNSEL ADDRESS AVAILABLE, smcnicholl@doc.govt.nz ENVIRONMENT COURT OF NEW ZEALAND Interested Party S27...

  8. List of parties as at 13 July 2021 [pdf, 701 KB]

    ...Iwi Land Management Limited Tyson Hullena, Kahui Legal, Po Box 1654, Wellington 6140, tyson@kahuilegal.co.nz Interested Party S274 Director-General of Conservation Dean van Mierlo, CMB 45 Punakaiki, RD1 Runanga, West Coast 7873, dean@environmentalbarrister.co.nz Interested Party S274 Director-General of Conservation Stephanie McNicholl, NO COUNSEL ADDRESS AVAILABLE, smcnicholl@doc.govt.nz ENVIRONMENT COURT OF NEW ZEALAND Interested Party S27...

  9. [2024] NZEnvC 248 Federated Farmers of New Zealand v Waikato District Council [pdf, 6.9 MB]

    ...Infrastructure (AINF) chapter relate only to new infrastructure or activities within roads that may affect the National Grid as that is the only area not covered by a “zone” rule. [7] With respect to the effect of the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 (NESETA) on the rules in the Natural hazards and climate change (NH) chapter for existing National Grid assets, in Decision Report 29A the IHP adopted th...

  10. 2021-07-06 Transcript.pdf [pdf, 2.3 MB]

    ...the Court is considering water-users in this process and in the 15 formation of the plan change 7, it’s most necessary. In my view, it behoves the Otago Regional Council in its application of water management processes to consider not just the environmental implications but the implications on its region and people in its region, in the Otago Region. 20 Southern Lakes Holdings itself has invested significantly into the use of water resources. We have four small irrigation pro...