Search Results

1. [2020] NZEnvC 007 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 293 KB]

   ...the court to consider the introduction of parties later in the proceedings, but this is controlled in terms of s 274 of the Act. Ms Shaw, most helpfully, has provided a list of the various matters that go to undue prejudice and quotes from Kapiti Environmental Action Incorporated -v- Kapiti Coast Counci/1. If for example, other parties already involved in proceedings had resolved the matters or advanced negotiations to resolve matters than the addition of a new party might be said t...

2. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   ...purchasers and/or subsequent owners of the Property. B: The order being to correct an error, there is no order as to costs. REASONS Introduction [1] This proceeding was originally initiated after the Auckland Council found a number of significant environmental issues at the rear of the property at 82 Wolverton Street, Avondale, Auckland (the Property), caused by earthworks undertaken by the owners, Mr and Mrs Banora, without resource consent. The Council applied for interim and...

3. 2021-07-30 ORC - Legal submissions - reply on pORPS [pdf, 132 KB]

   ...in the evidence of Mr De Pelsemaeker, the Council considers that potential conflicts in the application of the NPSFM and NPSUD are reconciled in the integrated management chapter of the pORPS, and the requirement that water only be used within environmental limits. 8 Submissions for the Territorial Authorities – pORPS at [22]. 9 See pORPS, LF-WAI-O1, LF-WAI-P1-P4. 4 Duration of water permits for community water supplies 12 The TAs submit that enabling w...

4. [2022] NZEnvC 072 Otago Regional Council v Armishaw [pdf, 229 KB]

   ...is sought and without holding a hearing. These provisions allow for the possibility that the need for action to deal with the contravention of the Act may be so urgent that the usual requirements for notice and a hearing could result in greater environmental damage. [13] The issue is whether such risk outweighs the general desirability of adherence to the usual procedure of the court and the principles of natural justice, including hearing both sides to a case before making an orde...

5. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...removal of trees, only to consider claims for damage as those claims arise. The Tribunal also does not have jurisdiction to consider the safety issues posed by the decaying camphor laurel tree according to a report CB produced from arboricultural and environmental consultants QC Limited. Referee: E Paton-Simpson Date: 26 August 2022 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented...

6. [2022] NZEnvC 139 Cossens v Queenstown Lakes District Council [pdf, 182 KB]

   ...so; 6.3 Section 320 is inappropriate tool in this case, and the Application seeks to fetter Council’s functions, powers and duties under Part 4 and schedule 1 of the Act, rather than attend to, and stop an act that would result in immediate environmental degradation. [14] In her written submissions for QLDC, Ms Davenport identifies s320(3)(a) and (b) as being of considerable importance to the court’s consideration of the application. She summarises that “orders cannot be ma...

7. [2024] NZEnvC 053 Peacocke South Limited v Hamilton City Council [pdf, 7.4 MB]

   ...are well-connected and functional; (b) Are the most efficient and effective option as they: (i) Better align with PSL’s subdivision plans which will result in a more efficient future resource consent process; (ii) Reflect urban design and environmental constraints; (iii) Maintain ecological connectivity, protection and functionality; and (iv) Allow for land suitable for urban development to be rezoned Medium Density Residential Zone; (c) Do not give rise to additional costs;...

8. [2023] NZEnvC 241 Ngati Te Ata v Auckland Council [pdf, 178 KB]

   ...is to be added to the Precinct provisions to recognise and provide for the cultural, spiritual and historic values held by Ngāti Te Ata and Ngāti Tamaoho, as well as their relationships with the cultural landscape, and to ensure that positive environmental outcomes are achieved for the health and wellbeing of the land, waterways and people (I4XX.13); (d) Policy 9 is to be amended in the Precinct provisions, to include reference to a treatment train approach; (e) three new poli...

9. IPT-Application-pack-2024 [docx, 50 KB]

   ...is sound, balanced and defensible · assimilate large amounts of complex and competing information · thoroughly analyse the information and quickly identify facts, opinions and key issues · recognise when further critical information is required. Environmental awareness Members must be able to: · be sensitive to, understand and take account of the values and mores of other cultures · demonstrate a willingness to gain knowledge in Te Ao Māori and an awareness and sensitivity to community...

10. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

    ...value of $70.00 and the gloves $20.00. The photographs reveal they were both reasonably well used accessories. 22. Any motorcycle helmet has a finite lifespan which is dependent upon, but not restricted to, the material it is made from, the type, environmental issues and usage. ET did not provide evidence of the damage to his motorcycle helmet however, due to the impact from the collision, I am satisfied it has no monetary value and should be discarded. Furthermore, ET is not entitle...