Search Results

1. [2019] NZEnvC 161 Egmont Refuse and Recycling Limited v South Taranaki District Council [pdf, 14 MB]

   ...Subject to the following conditions: Operating Details 1. The activity shall be undertaken in general accordance with the resource consent application as submitted to the Council (comprising the original Resource Consent Application and Assessment of Environmental Effects, prepared by BTW Company Limited dated 5 April 2018 and the Rangiwahia Architectural Plans titled "Egmont Refuse Recycling Shed Proposal Scott Street Hawera", Number 19064, sheets 1 to 11, dated 24 May 2019)...

2. [2024] NZEnvC 102 Royal Forest and Bird Protection Society of New Zealand Inc v West Coast Regional Council [pdf, 273 KB]

   ...the same in a costs award should be followed; (e) in any event, the parties have not supplied sufficient detailed evidence of the costs actually incurred; (f) any award in favour of F&B ought to account for the funding received from the Environmental Legal Assistance Fund (ELA); (g) the hearing was a test case on the chapter 7 RPS provisions, which counts against any award of costs been made; and (h) if an award is made, costs of various of the witnesses ought to be exclud...

3. 2021-06-15 ORC - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 183 KB]

   ...submissions of counsel for the Otago Regional Council dated 8 March 2021. 11 permit holders8, particularly those located downstream who rely on a right of priority to take water during times of low flow; and (ii) recognising an incidental environmental benefit from the existence and exercise of priorities on flows and instream values. 40 Further, it is submitted that any conditions imposed under a rule would meet the requirements of section 108AA as it would be directly...

4. [2018] NZEnvC 207 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 825 KB]

   ...331,22 June 2005, Gendall J. Ibid. at [17]. Ibid. at [16]. Ibid. at [17]. Ibid. at [19]. 9 [30] In Clark v Taranaki Regional Council14 the High Court stated the purpose of s 2A(2) to be to provide for continuity of a defined interest in environmental issues, recognising that community and interest groups wishing to take part in proceedings are likely to formalise their structure part way through their involvement. 15 Considering the meaning of "substantially" and r...

5. [2024] NZEnvC 280 Horongarara Point Group v Waikato District Council [pdf, 735 KB]

   ...Provisions Section 32 assessments must determine whether the proposed provisions are the most appropriate way to achieve the proposed objectives. This must include the identification of alternatives, and cost benefit analysis of the economic, social, environmental and cultural effects of the provisions including whether opportunities for economic growth and employment are reduced or increased. The risk of acting or not acting where uncertain information exists must also be considered....

6. [2019] NZEnvC 059 Bunnings Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...Appeal took the opportunity to explain that it was not only in circumstances where a district plan (or intermediate statutory instrument) was uncertain, incomplete or illegal - to use the criteria set out by the majority of the Supreme Court in Environmental Defence Society Incorporated v New Zealand King Salmon Company Limited13 ("King Salmon', - that assistance should be sought from Part 2 RMA. Cooper J, writing for the Court of Appeal, stated14: 8 9 10 11 12 1...

7. [2024] NZEnvC 064 The Surveying Company Limited v Waikato District Council [pdf, 548 KB]

   ...smaller development scenarios (which could be done in tandem with Option 2). Keep Access Widths in Decisions Version (Option 1) Reduce Access Widths (Option 2) Amend Seal Standards in Rural zones (Option 3) Benefits and costs – Environmental Benefits: Less dust generated from unsealed accesses in the rural environment Costs: Greater amount of impervious surfaces Benefits: Less impervious surfaces that generate stormwater runoff to manage Costs: G...

8. Landpro - Supplementary - C R Perkins - Planning (23 March 2021) [pdf, 482 KB]

   ...changes to the controlled activity pathway reflect the position I put forward in the original focus group session in January 2020 during the development of the PC7 provisions (and expressed again in my EIC) that trying to insert any additional environmental enhancement matters within a six-year rollover would not be cost-effective, efficient or create an attractive path for permit holders due to the cost and time involved in obtaining sufficient information for the consent applicati...

9. [2023] NZEnvC 025 Minister of Conservation v Marlborough District Council [pdf, 5.5 MB]

   ...Aroma (N.Z.) Limited & others ENV-2020-CHC-40 Haro Partnership ENV-2020-CHC-77 Just Mussels Limited & others ENV-2020-CHC-60 Sanford Limited ENV-2020-CHC-33 Friends of Nelson Haven & Tasman Bay (Inc) ENV-2020-CHC-67 Environmental Defence Society Incorporated ENV-2020-CHC-56 New Zealand Transport Agency ENV-2020-CHC-58 Federated Farmers of New Zealand ENV-2020-CHC-68 Transpower New Zealand Limited 6 Appendix 1 Volume One 8. Indigenous...

10. 2021-03-14 Tom De Pelsemaeker - Supplementary - Appendix 1 [pdf, 314 KB]

    ...proposed amendments are footnoted with a reference to either a submission in general or the particular part of a submission that gives the scope for the proposal. The coding used is that contained in the Summary of Decisions table prepared for the Environmental Protection Authority (EPA) and published on the EPA website. Some of these footnote references have been corrected since the filing of Evidence in Chief. Where “consequential amendment” is noted, the amendment is a nec...