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1. [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...

2. 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...

3. Water Services Bill [pdf, 214 KB]

   ...(not exceeding $50,000 for an individual or $300,000 in any other case);15 and b. a failure to comply with a direction made by Taumata Arowai that a person collect or provide information necessary for Taumata Arowai to monitor and report on the environmental performance of wastewater and stormwater networks and network operators.16 The High Court must first be satisfied that the person has not complied with Taumata Arowai’s direction and may make an order directing the person to compl...

4. 2023-10-10-Rebuttal-Evidence-of-N-Keenan-Stormwater.pdf [pdf, 255 KB]

   ...Person (SQP) (a Chartered Engineer) independent of the design process in the form of a technical review. That engineer will sign off the plans. Waka Kotahi will have this verification prior to the construction phase to ensure the objectives of its Environmental Plan and Policy are met by the designs. P46 notes that: As-built certification forms as set out in the NZTA (2010), Stormwater Treatment Standard for State Highway Infrastructure, should be used or replaced with agreed alt...

5. [2021] NZEnvC 125 Dewhirst v Canterbury Regional Council [pdf, 2.4 MB]

   ...for resource consents and bylaw approval for the works required under paragraphs C(a) and C(e). An application for the full 5 range of required resource consents was lodged on 8 August 2020. [5] In September 2020, the freshwater National Environmental Standards and National Policy Statement took effect The parties have advised the court that, as a result, the processing of the resource consents’ application became more complex because ecological surveys were required. Whil...

6. ENV-2016-AKL-000195 The Puhoi Community Forum Incorporated v Auckland Council [pdf, 3.8 MB]

   ...showing SEA Area proposed for rezoning 21 It is noted that the zone anticipates limited growth in areas that have landscape value or are character-sensitive, and it is considered that density and form of development can be managed to respond to environmental constraints and attributes. 22 As a result, the area is considered suitable for inclusion in the Rural and Coastal Settlement Zone for the following reasons:  The site abuts the existing Puhoi Village and is close t...

7. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...non-natural person. • Clause 85 provides for fines not exceeding $60,000 for a natural person, and $120,000 for a non- natural person, for breaching the conditions of an authority. • Given that the Bill operates in the context of heritage and environmental legislation, it is thought appropriate that the Bill is consistent with the approach taken in the RMA. Section 341 of the RMA provides that certain offences under the RMA are strict liability offences. Such offences are...

8. [2024] NZEnvC 151 McDonnell v Auckland Council [pdf, 293 KB]

   ...Auckland Unitary Plan (Operative in Part (AUP(OP)) enables. This is consistent with the position taken by the Council; (b) declined to make declaration (b(i)) on the basis that it was inconsistent with the AUP(OP). 7 Kiwis Against Seabed Mining Inc v Environmental Protection Authority [2017] NZEnvC 145, at [24]. 9 (c) declined to make declaration (c) on the basis it was too broad and wide ranging. [33] The Council argued that, if anything, it was the successful party in respect of...

9. Porirua ki Manawatu panui February 2017 [pdf, 1.1 MB]

   ...Report Final Due Generic District-wide (CFRT) See #6.2.59 Inland waterways cultural perspectives (Huhana Smith et al) Jan 2017 Local government issues (Suzanne Woodley) Apr 2017 Block research narratives (Walghan Partners) Apr 2017 Environmental and natural resources issues (Vaughan Wood et al) May 2017 Public works issues (Heather Bassett et al) June 2017 Inland waterways historical report (Huhana Smith et al) May 2017 Te Ātiawa/Ngāti Awa (WT) Historical issues: Lan...

10. [2018] NZEnvC 228 Auckland Council v Cable Bay Wines Limited [pdf, 430 KB]

    ...chairs, umbrellas, and open­ air dining and drinking on the lawn. [5] The unconsented facilities and activities were the subject of a retrospective resource consent application by the Appellants in April 2017. Examination of the Assessment of Environmental Effects ('AEE') showed us in the s 120 appeal hearing that consent was sought for the following activities: (a) The establishment of the additional enclosed restaurant space and pizza kitchen, collectively referred to...