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1. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...outline Trustpower’s position on PC7 and the relief it is seeking; and (e) address certain other legal issues. Witnesses 1.6 Three witnesses will be appearing on behalf of the Trustpower: (a) Ms Nicola Foran is employed by Trustpower as a Lead Environmental Advisor. Ms Foran will provide evidence regarding Trustpower, its assets in Otago, and PC7’s impacts with respect to Trustpower’s operations. (b) Mr Paul Mitchell is a hydrologist with more than three decades’ experience,...

2. [2018] NZEnvC 083 Willowridge Developments Ltd v Queenstown Lakes District Council [pdf, 11 MB]

   ...December 2017 (site inspection 6 December 2017) Final submissions received 19 January 2018 Appearances: G M Todd and B B Gresson for Willowridge Developments Ltd A Balme and K C Hockly for Queenstown Lakes District Council J Haworth for Upper Clutha Environmental Society Incorporated (section 274 party) Date of Decision: 31 May 2018 Date of Issue: 31 May 2018 INTERIM DECISION A: Subject to B, under section 290 Resource Management Act 1991 ("RMA") the Environment Cou...

3. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...aspect of the recommendation or decision. No submitter opposed the east/west arterial alignment. (ii) Southern Links was developed as a network. Each road link forms part of the preferred network selected and is located based on a combination of environmental considerations, including ecology, landscape, cultural, heritage, land use, transport planning and 24 Notice of reply dated 24 January 2020 at [6](a)(i), (ii), (iv),(v) and [6](b)(iii), (iv). 12 engineering factors....

4. [2018] NZEnvC 101 Kumeu Properties Limited v Auckland Council [pdf, 11 MB]

   ...activity directly associated with the source of the noise shall cease until such time that the recommendations are implemented. Advice Note: Noise levels are measured in accordance with the provisions of NZS 6801:2008 Acoustics­ Measurement of environmental sound and the New Zealand Standard 6802:2008 Acoustics - Environmental noise, unless an alternative is agreed to by Auckland Council. Occupancy 9. The Aged Care Facility shall house a maximum of 114 people at anyone time. Const...

5. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

   ...to 10pm L 10 55 dBA 10pm to 7am L 10 45 dBA 10pm to 7am Lmax 75 dBA Noise (other than construction noise) shall be measured and assessed in accordance with the requirements of the New Zealand Standard NZS6801 :2008 "Acoustic Measurement of Environmental Sound". 5. The site shall be landscaped generally in accordance with the landscape concept plan prepared by Opus International Consultants marked ACC116.00 (September 2002) contained within Appendix B of the Notice of Require...

6. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...to whether to apply a permitted baseline approach. The subsection provides: (2) When forming an opinion for the purposes of subsection 1 (a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect. [57] Guidance may be taken from a decision Lytte/ton Harbour Landscape Protection Association Inc v Christchurch City Councif7 , where the Environment Court offered some...

7. [2018] NZEnvC 157 Royal Forest Bird Protection Society of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 20 MB]

   ...environment identified in Appendix F set 4 to the RPS. Where minor, less than minor, adverse effects arise, then: (a) avoid, remedy or mitigate those effects; and (b) where those effects cannot be avoided, remedied or mitigated the offsetting or environmental compensation shall be considered. [28] Very minor changes are sought at IW 10 to change "or: to "and" at the end of (a) and (b). [29] There is an alternative standard proposed by the Regional Council at Rules S...

8. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...to whether to apply a permitted baseline approach. The subsection provides: (2) When forming an opinion for the purposes of subsection 1 (a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect. [57] Guidance may be taken from a decision Lytte/ton Harbour Landscape Protection Association Inc v Christchurch City Councif7 , where the Environment Court offered some...

9. [2021] NZEnvC 039 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 2.3 MB]

   ...(2020), which defines 'natural wetlands' broadly as being in any environment - saline or fresh or brackish; but distinguishes 'natural inland wetlands' as being "outside the coastal marine area". Neither does the National Environmental Standard for Freshwater assist. However, neither is strictly relevant to this case. Te Taiao Aotearoa [40] We conclude it is important to ensure the continuum of biodiversity across the saltwater-freshwater ecotone is app...

10. BORA Public Health Bill [pdf, 617 KB]

    ...arising from specified conditions. These provisions include powers to make various orders and directions, offences, contact tracing and disclosure of a condition to others. 39. Part 5 sets out the functions of the territorial authorities in relation to environmental health (i.e. public health matters related primarily to the physical environment), including sanitary works and stopping nuisances. In particular, territorial authorities will have duties and discretionary powers to improve,...