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1. 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...

2. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...104 Consideration of applications (1) When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2, have regard to- (a) (ab) (b) any relevant provisions of- (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed plan; and (c...

3. [2022] NZEnvC 072 Otago Regional Council v Armishaw [pdf, 229 KB]

   ...is sought and without holding a hearing. These provisions allow for the possibility that the need for action to deal with the contravention of the Act may be so urgent that the usual requirements for notice and a hearing could result in greater environmental damage. [13] The issue is whether such risk outweighs the general desirability of adherence to the usual procedure of the court and the principles of natural justice, including hearing both sides to a case before making an orde...

4. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

   ...the documents and drawings and all supporting additional information submitted with the application, detailed below, and all referenced by the council as resource consent number LUC60372794 (BUN60372793). • Application Form and Assessment of Environmental Effects prepared by CIVIX, dated 22 February (original) and 8/07/2021 (revised). Report Title Author Ref Dated Infrastructure Report Civix 17 Feb 2021 Traffic Impact Assessment Traffic Planning Consultants Limited 20680...

5. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]

   ...(whether she told CTL her intended use or not). Points raised by CTL about the siting of the cabin are also irrelevant given the finding that it is the construction of the cabin that has led to the failure of guarantee, not its location or other environmental factors. CI0301_CIV_DCDT_Order Page 3 of 4 10. It follows that as the cabin is not weather proof and water tight it is also not fit for purpose, so it does not comply with the CGA guarantees and Ms S is entitled to a remed...

6. 10 April 2019 Savi lle v Queenstown Lakes District Council [pdf, 1.3 MB]

   ...Hawthenden Limited v Queenstown Lakes District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource ManaQement Act 1991 Court Reference: ENV-2018-CHC-000055 iii. Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Ctause 14 of the First Schedule of the Resource ManaQement Act 1991 Court Reference: ENV-2018-CHC-0000...

7. Wai 3300 2.6.027 Memorandum directions of Chief Judge Dr C L Fox addressing matters concerning the wānanga ā-rohe phase [pdf, 497 KB]

   ...Clatworthy on behalf of the Constitutional (Holloway and Campbell) (Wai 3254) claim (Wai 3300, #3.2.103) (d) Daniel Watkins on behalf of the Constitutional (Tito-Asbolum) (Wai 3391) claim (Wai 3300, #3.2.108). (e) Linda Thornton on behalf of the Environmental Protection Authority (Klink) (Wai 3059) claim (Wai 3300, #3.2.106 & #3.2.110). (f) Kelly Dixon and Alisha Castle on behalf of the Patuharakeke Hapū Lands and Resources (Wai 745) claim and the Ngāti Korokoro, Ngāti Wharara,...

8. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...acceptable quality? 13. It is not disputed that OP has hip and elbow dysplasia. These conditions are known genetic conditions that are common in [dog breeds]. The younger the dog the more likely that genetic disposition is the cause rather than environmental or other factors. 14. The CGA explains in section 7 what “acceptable quality” means. A consumer can expect that the item they purchased is fit for the purpose such goods are commonly used for, acceptable in appearance and f...

9. PC8 ANNEXURE B attendances at mediations on Primary Sector provisions 23 July 2021 [pdf, 131 KB]

   ...definitions Agricultural waste PC8 Introduction Provision Provision Detail Parties who submitted Parties who did not attend mediation Advised Court Part C Good Farming Practices New Policy 7.D.9 Reduce adverse environmental effects of farming activities Balquhidder Farming Limited Beef + Lamb New Zealand Closeburn Station Dairy Holdings Limited DairyNZ Director General of Conservation Elizabeth Clarkson Emma Crutchley Federated F...

10. 2021-05-17 GlenAyr Limited H D Sangster and D S Sangster Thoughts on farmer evidence and court questions 17 May 2021 [pdf, 95 KB]

    ...or specify the area to be irrigated. An unintended consequence of not letting farmers irrigate a greater area if they are more efficient will mean that they will intensify the production on that area and increase the inputs which may cause more environmental problems. Technology solutions and good management will help farmers make their water go further and help with the payback on infrastructure. Your Honor this is a very important point and I would ask you to try and not interfer...