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1. 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...

2. 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...

3. [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...

4. 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...

5. 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...

6. [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...

7. 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...

8. [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...

9. 2021-05-18 Appendix 1 to the Deemed permits and associated rights of priorities JWS file 18 May 2021 [pdf, 265 KB]

   ...adequate to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or (c) ensuring the conditions of this consent are consistent with any National Environmental Standards, Regulations, relevant plans and/or the Otago Regional Policy Statement; or (d) adjusting or altering the method of water take data recording and transmission. Page 4 of 9 Notes to Cons...

10. [2024] NZEnvC 157 Barraclough v Gisborne District Council [pdf, 286 KB]

    ...the evidence does not support them. (b) the erosion and sediment control plan is inadequate and should be amended. Rapid stabilisation of the site is required. (c) the evidence presented on the appellant’s behalf did not directly address the environmental effects of granting the stay and did not address any of the associated effects already being experienced offsite, including sediment in downstream watercourses and effects on the neighbouring property; 5 Decision at [48]....