Search Results

1. [2024] NZEnvC 122 Grafton Downs Limited v Auckland Council [pdf, 2.5 MB]

   ...sports grounds and envisaged for commercial and community use and parkland. [3] The master plan for Paerata Rise was to provide an accessible, multi-modal, walkable residential community, with access to the rail network, that would achieve quality environmental outcomes. Once fully completed, the development could accommodate 4,500 – 5,000 new homes and a community of 12 – 15,000 residents with its own neighbourhood reserves, schools, a retail precinct with shops, cafes, rest...

2. Minute of the Environment Court (dated 21 June 2017) [pdf, 1.6 MB]

   ...NZRMA 394 (HC) at [72]. 21 Stirling v Christchurch City Council (2011) 16 ELRNZ 798 (HC) at [52]. 22 In common with any weighting exercise. 23 Southland Fish and Game New Zealand v South Regional Council & ors [2016] NZEnvC 220 at [23]. 24Environmental Defence Society Incorporated v New Zealand Kind Salmon Company Limited [2014] NZSC 38. 8 [27] Where, as appears to be the case here, the court is to consider a proposed Regional Policy Statement and proposed District Plan, i...

3. [2021] NZEnvC 088 Tran v City Rail Link Limited [pdf, 759 KB]

   ...by the Court arising from its substantive decision and reservation of costs following that decision. 26 Discussion [24] Ms Tran admitted in her evidence that the alteration to the notice of requirement avoided adverse effects to heritage and environmental values. 27 However, Ms Tran continued to oppose the residual aspects and to attack matters of process.28 The Court simply had no jurisdiction to grant some of the relief Ms Tran sought. 29 The Court was left to endeavour to get t...

4. [2017] NZEnvC 170 Auckland Council v Frogley [pdf, 359 KB]

   ...includes a table setting out the alleged breaches of the RMA, by reference to specific non-compliances as described in his affidavit, and I include that table here, for ease of reference: RMA Relevant AUPOP Rule I National Offender(s) Comment Section Environmental Standard (NES) S 9(3) District - Activity Table H19.8.2 Mr Frogley Zoning - Dwellings limited to (A72), (A78) 1 only on sites < 40 ha S 9(3) District - Activity Table H19.8.1 Mr Frogley Zoning - Minor Dwellings and (A2...

5. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

   ...attending Hui in relation to the land, it makes it difficult for those owners who wish to fully utilise their interest to do so, and in terms of governance as with all Maori land blocks there are competing issues of prioritise in terms of cultural and environmental as opposed to commercial and how development takes place and difficulties arise as kinship ties are separated or lost and that it would be better for the block as a whole if clusters of Whanau who were in common agreement...

6. Kiwi Property Group Limited [pdf, 259 KB]

   ...reduce the concentration of adverse effects on the Halsey Street / Jellicoe Street intersection. (f) The proposed conditions provide for adverse effects to be addressed primarily through management plans including in particular the Construction Environmental Management Plan and its component parts. While the proposed conditions provide for consultation with specified parties regarding those management plans, Kiwi is not one of the parties specified and accordingly will not be invo...

7. [2020] NZEnvC 215 Awatarariki Residents Incorporated v Bay of Plenty Regional Council [pdf, 2.2 MB]

   ...November 2020. [21] We also received a joint affidavit sworn by Rick Whalley, Rachel Whalley and Pamela Whalley sworn on 3 December 2020. [22] Mr Blackwood is an engineer with over 40 years' experience in central and regional government environmental and civil engineering around New Zealand, specialising in rainfall and flood frequency (including the effects of climate change), river hydraulics and catchment and costal engineering. He has examined the environment at Matata an...

8. 2023-09-26-Evidence-of-David-Dunlop-Transport.PDF [PDF, 982 KB]

   ...transport outcome, as recorded in the Transport JWS, we identified that Option 3 was very likely to be outside the proposed designation boundaries. As also recorded in the Transport JWS, Mr Peet was of the opinion that other factors (such as environmental considerations, property issues and the existence of Māori land) would make Option 3 untenable. [18] Having reviewed the Transport JWS, the Council’s preferred option (connectivity option 3) is different to mine (connectivit...

9. [2019] NZEnvC 148 Guthrie v Queenstown Lakes District Council [pdf, 2 MB]

   ...degree of effect on them. Claims of property value effects should be put to one side as not relevant considerations under the RMA. 17 Claims as to landscape matters do not make applicants any different from the interest of a public pressure or environmental lobby group in such matters, which the Affidavit of G Tremain, dated 15 July 2019; affidavit of J Tremain, dated 15 July 2019. Affidavit of I Henderson, dated 15 July 2019; affidavit of P Henderson, dated 15 July 2019. Notice of...

10. [2022] NZEnvC 232 Taranaki Energy Watch Incorporated v Taranaki Regional Council [pdf, 547 KB]

    ...1 Current examples include:  Part 6 Well Operations provisions of the Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013 whereby there is considerable overlap between Health and Safety in Employment and environmental considerations.  Maritime Transport Act 1994 and associated Marine Protection Rules  Resource Management (Marine Pollution) Regulations 1998. 2 Current examples include:  Well examiners verification of the well exami...