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1. [2019] NZEnvC 039 New Zealand Association of Radio Transmitters Incorporated v Kapiti Coast District Council [pdf, 611 KB]

   ...resource consent application. • Policy 13 directing the preservation of the natural character of the coastal environment, its protection from inappropriate use, and the avoidance of significant adverse effects on natural character. National Environmental Standards34 [37] Ms Thomson said that the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2016 (NESTF) provided guidance on nationally consistent standards for masts and aeri...

2. OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV 20210628 [pdf, 481 KB]

   ...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...

3. [2023] NZEnvC 105 Wilson v Waikato Regional Council [pdf, 720 KB]

   ...commencement in accordance with section 125 RMA. General Conditions 5. The activities authorised by this resource consent shall be undertaken in accordance with the application for this resource consent (including but not limited to the Assessment of Environmental Effects report prepared by Robin Britton, entitled ‘Assessment of Effects on the Environment, Resource Consent Application, Ohinau Marine Farms, Spat Catching Farm, Whauwhau, Whitianga’ and dated October 2017) and any sub...

4. 2023-07-28-WCO-Final-Report-Recommendation.pdf [pdf, 5 MB]

   ...the context of the consideration of the particular waters in issue and their identified values and characteristics. Subject to the primacy of the s199 purpose, we consider pt 2 provisions according to the guidance given by the Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd.16 Hence, in having regard to the NPSFM, we treat that instrument as fleshing out and giving context 16 Environmental Defence Society Inc v New Zealand King Salmon Co Ltd...

5. [2023] NZEnvC 157 Ngati Tama ki te Waipounamu Trust [pdf, 5 MB]

   ...the context of the consideration of the particular waters in issue and their identified values and characteristics. Subject to the primacy of the s199 purpose, we consider pt 2 provisions according to the guidance given by the Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd.16 Hence, in having regard to the NPSFM, we treat that instrument as fleshing out and giving context 16 Environmental Defence Society Inc v New Zealand King Salmon Co Ltd...

6. [2019] NZEnvC 044 Director-General of Conservation v Thames-Coromandel District Council [pdf, 3.3 MB]

   ...PROTECTION SOCIETY OF NEW ZEALAND INC CLARE WARD FAMILY TRUST AND OTHERS FEDERATED FARMERS PIETER DIRK SIELING COROMANDEL WATCHDOG OF HAURAKI INC DEAN GLEN, CLAIRE ELLIOT AND SOL GLEN AND BLACKJACK FARMS LTD DIRECTOR GENERAL OF CONSERVATION ENVIRONMENTAL DEFENCE SOCIETY INC KEITH VERNON MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT SUE EDENS TASMAN BUILDINGS LTD WAIHI GOLD COMPANY LTD WAIKATO REGIONAL COUNCIL WILSON BAY LTD Section 274 parties (Mining top...

7. ENVC paper Update of electronic initiatives 2013 [pdf, 215 KB]

   ...allow the exchange of evidence amongst parties, and its 1 See paper by Acting Principal Environment Judge Newhook Challenges and Changes in the Environment Court presented to the 3 rd Annual Environmental Law and Regulation Conference, Wellington 16 April 2013. lodgment in Court, in one large Auckland plan change case. The experiment was quite successful, particularly given that the issues of interest to parties varied consider...

8. BORA Resource Management and Electricity Legislation Amendment Bill [pdf, 32 KB]

   ...amendments is to improve the "quality of decisions and processes" within the RMA framework by "increasing certainty and reducing delays, costs and incorrect use of processes, while ensuring appropriate public participation and the meeting of environmental objective." 3. The key measures in the Bill therefore: • establishes a requirement that the majority membership of hearings panels are "accredited" for hearing resource consents, private plan changes, de...

9. [2017] NZEnvC 211 Russell Roads Ltd v Hastings District Council [pdf, 599 KB]

   ...may impose any terms and conditions the Judge thinks fit. [7] Considering firstly what the likely effect of granting a stay would be on the environment, I note that the memorandum from the Council records: The Council notes that the short term environmental impacts of the activity continuing are largely limited to impacts on the surrounding residents namely issues to do with noise, visual, dust, and the impact of the truck movements to and from the site. [8] I have regarded the Co...

10. [2018] NZEnvC 017 Alliance Group Limited v Southland Regional Council [pdf, 789 KB]

    ...the Judge thinks fit. [8) The appellant considers there is no effect on the environment if the stay is granted as the measurements are a regulatory requirement to enable the Council to perform its duties under the Act, and do not have a direct environmental impact. While the measurement of water taken is important to enable the Council to monitor compliance with the relevant consent, I consider that granting the stay is not likely to give rise to any adverse effects on the environme...