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1. [2021] NZEnvC 036 Wood & Henton v Auckland Council [pdf, 9.8 MB]

   ...will serve the purpose of the Act. The second is whether prejudice arises from either allowing or disallowing the consent to commence. [11] The approach set out in Walker has been widely accepted by the Courts, including recently in Ngati Pikiao Environmental Society Inc v Bqy of Plenty Regional Cottncil (Ngiiti Pikiao).2 Grounds for the proposed orders3 [12] The Applicant submits, and the other parties agree, that the proposed orders for the immediate and partial commencement o...

2. [2015] NZEnvC 105 Opoutere Ratepayers and Residents' Association v Waikato Regional Council [pdf, 2.2 MB]

   ...and attached to it a number of documents and reports including: • a map of the area it proposed to be protected,9 • a copy of the Court of Appeal decision in 1989 referred to above, 10 • a report by Dr Dowding, II • an Assessment of Environmental Effects: Mangrove Seedling Control Wharekawa Harbour, July 2009 by Catherine Beard,12 • the Table from the Waikato Regional Coastal Policy Plan identifying Opoutere Sandspit and Wharekawa Harbour as an ASCV, 13 • Appendix...

3. [2016] NZEnvC 140 South Epsom Planning Group Inc & Three Kings United Group Inc v Auckland Council [pdf, 5.4 MB]

   ...regional policy statements. [30] The Environment Court has confirmed on a number of occasions that some provisions of the RPS are mandatory (Tramlease v Auckland CounciD. 6 Any doubt as to the effect of s 75 was addressed by the Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd? where it was noted that policies (New Zealand Coastal Policy Statement) can be binding on decision makers. [31] Chapter 2 of the RPS, which deals with the regional overvie...

4. [2022] NZEnvC 228 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.2 MB]

   ...Iwi and hapū management plans Under s 66(2A) RMA the Council must take into account any planning document recognised by an iwi authority. Mr Griffin, Policy Specialist at the Northland Regional Council, identified that twelve iwi and hapū environmental management plans have been submitted to the Council.25 These plans identify key issues and management measures for iwi and hapū, which are relevant to the consideration of the management, protection and identification of na...

5. [2017] NZEnvC 124 Skyline Enterprises Ltd v Queenstown Lakes District Council [pdf, 12 MB]

   ...made a submission (and presented evidence); and (c) those outstanding matters (in (a) and (b) above) pertain to how the ultimate question is determined. The proposal [5] The notified proposal is detailed in the application's Assessment of Environmental Effects (,AEE').9 Skyline made some changes in response to OlDC's further information requests (as noted in OlDC's report on the application under s 42A, RMA). It made further changes as a result of negotiations...

6. [2021] NZEnvC 047 Netherlea Hobsonville Limited v Hamilton City Council [pdf, 1.7 MB]

   ...centres in the city, given its scale and location. Objective 2.2.4 Establish and maintain a hierarcf?y of viable and vibrant b11siness centres that provide a fams far retail commercial a11d enteJtainme11t activities and serve the social ctdt11ral environmental and economic needs of the comm1111ify. The current proposal would not interfere with establishing and maintaining those business centres. Policy 2.2.4(a) B11si11ess activity and development shall locate in the most appropria...

7. Three strikes offences June 2020 [xlsx, 113 KB]

   ...related offences - - - - - - - - - - - - - - - - - - - - 10: Illicit drug offences - - - - - - - - - - - - - - - - - - - - 11: Prohibited and regulated weapons and explosives offences - - - - - - - - - - - - - - - - - - - - 12: Property damage and environmental pollution - - - - - - - - - - - - - - - - - - - - 13: Public order offences - - - - - - - - - - - - - - - - - - - - 14: Traffic and vehicle regulatory offences - - - - - - - - - - - - - - - - - - - - 15: Offences against justice pr...

8. [2023] NZEnvC 089 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 701 KB]

   ...activity: Table 4: Noise Limits Time (Monday to Sunday) LAeq (15 min) LAFmax 0700 to 2200 hours 55 db Not applicable 2200 to 0700 hours 45 db 75db a) noise must be measured in accordance with New Zealand Standard. Acoustics – Measurement of environmental sound (NZS 6801:2008) and assessed in accordance with New Zealand Standard. Acoustics – Environmental noise (NZS 6802:2008), and b) construction activities shall be managed in accordance with, and meet the noise limits set out i...

9. ENVC Hearing 27Jul15 WML suppl rebuttal Maxwell Dunn [pdf, 962 KB]

   ...evidence from Messrs Mitchell, Pryor and Rikys. 7. The matters that I consider remain in contention between the planning witnesses are: (a) The scope of the amended application (b) The activity status of the application; (c) The environmental effects of the revised marina layout and parking/public promenade/viewing platform deck; 3 (d) The relevant objectives and policies in the NZ Coastal Policy Statement and Auckland Regional Coastal Plan; (e) The releva...

10. [2019] NZEnvC 034 Remarkables Park Limited v Queenstown Airport Corporation Limited [pdf, 392 KB]

    ...proceeding, is not dispositive of whether the taking is fair, sound and reasonably necessary under s 24(7)(d) PWA. That is because the issues to be considered under s 24(7)(d) PWA are different from s 171 (1)(c) RMA. Whereas the RMA is concerned about environmental effects, the PWA is directed at "private property rights and the effects of taking private land".'° More particularly, the principle of "fairness" under s 24(7) PWA imports different consideratio...