Search Results

1. [2022] NZEnvC 199 Kristin School Charitable Trust [pdf, 11 MB]

   ...applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and (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)...

2. 2022-03-04 John Cocks - Memo - in response to ORC's MOC dated 11 Feb 2022 [pdf, 362 KB]

   ...meanings of landfills required by PC1 Policy 7.4.11. SECTION 32 REPORT (S32 REPORT) 41. The s32 Report identifies WMP Objective 7.3.1 as the most relevant objective for PC1. Objective 7.3.1 is 7.3.1 To avoid, remedy or mitigate the adverse environmental effects arising from the discharge of contaminants at and from landfills. 42. The s32 Reports states that the WMP policies for landfills provide little guidance for decision-makers on resource consent applications. Yet, WMP...

3. [2023] NZEnvC 029 Reefville Properties Limited v Christchurch City Council [pdf, 885 KB]

   ...development (including building frontages, circulation routes, sightlines and lighting) within the Northern Homebase Centre; and C. any potential safety or nuisance effects and methods to address such effects including by way of a Crime Prevention Through Environmental Design ("CPTED") assessment. iii. Heavy vehicles: For activities that will generate more than 250 heavy vehicle trips per day, whether there are any effects from these trips on the roading infrastructure. iv. A...

4. [2020] NZEmpC 96 Innovative Landscapes (2015) Ltd v Popkin [pdf, 203 KB]

   ...resources. … … Importantly, at the risk of repetition, pro bono work by lawyers who practice in the resource management field is beneficial in aiding more ready and effective participation by public interest bodies and others concerned with good environmental outcomes via decisions of this Court under the RMA. [14] The Court concluded that declining to have regard to the costs associated with the provision of pro bono representation would likely inhibit the willingness of coun...

5. Livingstone v Animal Health Board — Lake Rotoaira Forest Lands (2009) 245 Aotea MB 124 (245 AOT 124) [pdf, 133 KB]

   ...properly consulted with the trustees and beneficial owners. More importantly, the Board claims that it is acting lawfully in the exercise of its responsibilities and has proceeded with the 1080 poison drop in accordance with its mandate. The Environmental Risk Management Authority advised the Registrar that the 1080 poison drop proceeded on 21 September 2009. 245 Aotea MB 125 [3] The issues for consideration are whether it is still appropriate to grant an injunction as...

6. [2020] NZEnvC 106 Rangitane o Tamaki Nui a rua v Manawatu Wanganui Regional Council [pdf, 9.1 MB]

   ...comments in that regard by referring to s 269 RMA which relevantly provides that: 269 Court procedure (1) Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in such manner as it thinks fit. Kapiti Environmental Action Inc v Kapiti Coast District Council Decision W 042/2007. 7 (1A) However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution . This provision...

7. Ngati Makino Heritage Trust and Ngati Ranginui Incorporated Submissions [pdf, 256 KB]

   ...They adopt the submission of the Motiti Rohe Moana Trust and an effort has been made to ensure against duplication. 3 The Appeals for Ngati Makino and Ngati Ranginui 1 relate to the need to provide a framework within the Proposed Regional Coastal Environmental Plan (pRCEP) for the development of management area plans. The appeals envisaged that such mechanisms 1 subsequently referred to as Koiora Marine Spatial Plans, would restrict as well and empower1 for instance, by providing fo...

8. Evidence-of-M-Warwick.pdf [pdf, 173 KB]

   ...need to provide it in Horowhenua. Cycling 20 years ago was not the active mode it is today because there were not safe pathways, but cyclists have been provided safe alternatives to the roads and the increase in use of cycles and walking has been an environmental success. We need to be forward thinking and provide that for all. INTER-REGIONAL FACILITIES 40. In my opinion as a person who has been around the council table it seems silly to end infrastructure at a boundary. On one si...

9. [2019] NZEnvC 129 Thornley v Marlborough District Council [pdf, 12 MB]

   ...declaratory orders is intended to be utilised in appropriate circumstances and it has been held that if there is any uncertainty which needs to be determined in respect of the terms of a resource consent, and if determination of that issue relates to environmental issues, then the court should not lightly make orders which dissuade parties from resorting to the declaration process.42 [19] The Council is critical of the applicants for making this application for declaration. From a j...

10. Wharekura v Skerrett-White - Kawerau A8D (2021) 263 Waiariki MB 71 (263 WAR 71) [pdf, 226 KB]

    ...Fox personally. Eventually, Ms Skerrett-White submitted that she negotiated an amount of funds to assist to undertake a review and also to provide resources for scholarships and grants for Ngāti Tūwharetoa descendants working in the fields of environmental science, planning, policy and engineering. [11] Further, Ms Skerrett-White submitted that the Wai 21 claim is an ancillary to the Ngāti Tūwharetoa Settlement. On 9 December 2019, a resolution was made by Te Kotahitanga o T...