Search Results

1. Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56) [pdf, 205 KB]

   ...several important structural deficiencies with at least one of the mandate contenders, that two of them possessed the mandate to represent the tribe on an interim basis in very specific contexts. Those contexts included fisheries allocations, environmental consultation responsibilities and the pursuit of Treaty claims. The short point is that on any s30 application the Court may consider a wide range of evidential matters in assessing mandate claims that can include the conduct of a...

2. 2023-10-12-Rebuttal-Evidence-of-A-McLeod-Conditions.pdf [pdf, 548 KB]

   ...8 CAQMP), and therefore I do not consider that the inclusion of additional site-specific clauses is necessary.”16 37. For these reasons, I do not support the proposed amendment to Condition DNV4 that is proposed by Ms Carter. Construction Environmental Management Plan 38. Ms Carter suggests an amendment to clause(a)(x) in Schedule 2 (Clause (a)(x) to include reference to “and on the residents of 1024 Queen Street East in consultation with the owners”.17 Ms Carter does not...

3. E84 Dennis Kirkwood - EIC - Ngāti Tamaoho [pdf, 1 MB]

   ...kaitiaki and exercise our customary rights. Cumulative Effects 34. Te Waitematā and the surrounding areas have been significantly modified by past activities and activities that are currently permitted within the area. 35. We do not have an environmental bottom line or isolated assessment of the effect of particular activities. The mauri of Te Waitematā and the surrounding areas cannot be fragmentised or compartmentalised. The cumulative effect of past and present activit...

4. Warren v Harwood - Hongoeka 7 Block and Lots 2 and 3 on DP 42094 (2007) 197 Aotea MB 299 (197 AOT 299) [pdf, 1.9 MB]

   ...of the land in Hongoeka Bay. Mr Bailey agreed that the current Maori roadway was impractical and ~ 197 Aotea MB 304 any attempt to secure a resource consent to use the Maori roadway as originally intended would meet resistance because of environmental concerns. In other words, he acknowledged that there was considerable merit in confirming the formed and sealed road as the legal access into Hongoeka Bay rather than existing Maori roadway. [18] Both Mr Bailey and Mr Marshall...

5. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...livelihood” lacked substance. This line of argument did not significantly increase the length of the hearing or the Council’s costs but was spurious. [21] With respect to the submission that the Appellants should not have advanced the question of environmental effects (on the basis that such effects would be considered in the resource consent hearing), I do not find this submission to be made out. In the absence of a stay while the resource consent was determined (which the...

6. Affirmation of Mr Nicholas Head dated 9 December 2016 [pdf, 32 MB]

   IN THE ENVIRONMENT COURT IN THE MATTER AND IN THE MATTER BETWEEN AND ENV-2016-CHC-071 of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant MACKENZIE DISTRICT COUNCIL Respondent AFFIRMATION OF NICHOLAS JOHN HEAD ON BEHALF OF THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC 9 December 2016 Royal Forest and Bird Protection Society of New Zealand Inc....

7. E2 Fiona Knox Corporate Options Analysis and Engagement EIC Applicant [pdf, 3 MB]

   ...AC36 PANUKU MANA WHENUA ENGAGEMENT : 1 SEPTEMBER 2017 – 11 July 2018 Date Channel Background/Purpose Decision / Outcome / Comments  Need for advice around the broader location options so can identify issues around the options e.g. extent of environmental effects from dredging/piles  Collective and individual mana motuhake needs to be acknowledged by Panuku. Marine body occupation is a collective issue; want Panuku to understand the difference between those involved in the col...

8. Youth Court - The rise and rise of Lay Advocates in Aotearoa New Zealand [pdf, 266 KB]

   ...the Children, Young Person and Their Families Act 1989 (CYPF Act) and have no known counterpart in any other legislation anywhere in the world. While the specific history of the Lay Advocate role is challenging to track, there are a number of key environmental influences that lead to the enactment of the CYPF Act and the introduction of the Lay Advocate role. It is important to understand these influences. In the period leading to the enactment of the CYPF Act in 1989, there were m...

9. [2018] NZEnvC 171 Genera Limited v Bay of Plenty Regional Council [pdf, 3.1 MB]

   ...party.1 [4] TMFAG says it is interested in the resource consent conditions relating to Genera's use of methyl bromide and wishes to ensure that stringent enforcement action and review of consent conditions is undertaken as additional safety and environmental mitigation measures are urgently needed. It says that the grounds of Genera's appeal lack merit as Genera needs to work with POTL to ensure that the abatement notice requirements and further mitigation measures are com...

10. [2022] NZEnvC 248 Greenacres Waiheke Limited v Auckland Council [pdf, 196 KB]

    ...remain of the view that the stay should continue until the replacement resource consent application has been determined because: (a) the steps being taken by the appellant to date to change the treatment processes on site are intended to improve environmental outcomes; (b) the continued operation of the organic waste treatment facility ensures the continued availability of an essential service to the residents and businesses of Waiheke Island, avoiding potential adverse public heal...