Search Results

1. [2019] NZEnvC 150 Arthurs Point Outstanding Natural Landscape Society Incorporated v Queenstown Lakes District Council [pdf, 12 MB]

   ..."the Act"). The issues are restated more precisely below. [2] The treatment of the Arthurs Point area in the plan change has already been the subject of two relevant procedural decisions between the same parties in appeals by the Upper Clutha Environmental Society Incorporated (ENV-2018-CHC-56) ("the UCESI appeal") and by Arthurs Point Land Trust ("APL T") (ENV-2018-CHC-76). The procedural decision2 Arthurs Point Trustee Limited v Queenstown Lakes Distric...

2. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...over each decade since the airstrip was established. Having done so, we 16 undertake our own evaluation of the evidence to inform our findings on flight numbers. Evidence for the Cozmd/ • Ms Brownlee is a contractor with the Council in the environmental information and consent planning teams. She does not live at Awaroa but in Richmond. She said that her whanau have owned the property at what is now 69 Awaroa Inlet since late 1984 when it was purchased by her parents. From...

3. ENVC Hearing 6Oct14 WML rebuttal Jon Styles [pdf, 48 KB]

   ...5. To preface the assessments I have undertaken, I note that none of the operational noise sources in the marina are expected to generate noise containing Special Audible Characteristics as defined by section 6.3 of NZS6802:2008 Acoustics – Environmental Noise. LA10 to LAeq Assessment 6. As required by section 10 of the Joint Statement, I have prepared an assessment of noise effects arising from the proposed change in noise level descriptor from the older LA10 metric used in...

4. Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2 (2012) 295 Aotea MB 17 (295 AOT 17) [pdf, 213 KB]

   ...primary submission of the owners whom he spoke for was that they should now administer the land themselves in place of the Council. The owners who supported these proposals had their own plans for the land that centred on cultural, historic and environmental considerations more than economic. [9] In addition, Mr Mair submitted that his kuia, Kahutaratara and Ngatatau, owned a significant proportion of the shares but had not yet had been the subject of succession orders. Even so, h...

5. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

   ...purple loosestrife is necessary to effect its eradication and thus minimise the risk to the lake and the 263 Aotea MB 211 ecological systems it supports. The applicant rejects this claim and instead argues that there are more culturally and environmentally appropriate methods available instead of the invasive spraying by Horizon. Moreover Ms Taueki argues that the mauri of the lake will be detrimentally affected by the continuing use of what she describes as poisons being app...

6. Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56) [pdf, 205 KB]

   ...several important structural deficiencies with at least one of the mandate contenders, that two of them possessed the mandate to represent the tribe on an interim basis in very specific contexts. Those contexts included fisheries allocations, environmental consultation responsibilities and the pursuit of Treaty claims. The short point is that on any s30 application the Court may consider a wide range of evidential matters in assessing mandate claims that can include the conduct of a...

7. Decision [2017] NZEnvC 57 (dated 20 April 2017) – Confidentiality Order [pdf, 331 KB]

   ...orders. To be clear, under s 282(2) of the RMA the sanction for contempt of court is a sentence of imprisonment for a period not exceeding three months or a fine not exceeding $1,000 for each offence. [19] The public's right to participate in environmental decision-making undergirds the effective administration of the Resource Management Act. Access to justice is enabled through the right to make a submission to a consent authority on a publicly notified application for resou...

8. 2020-10-28-Minute-re-PC-7.pdf [pdf, 209 KB]

   ...the plan change objectives against the higher order planning instruments, taking care to identify to what extent the plan change is to give effect to the same;3 (e) in line with s 44A RMA, review the plan change against any applicable National Environmental Standards; (f) address any linkages between the plan change provisions and the provisions of the operative Regional Plans; and (g) consider any amendment proposed by the parties and, giving reasons, either: (i) support the...

9. Powell v Savage - Lot 7A Parish of Matata (Oniao Marae) (2020) 246 Waiariki MB 265 (246 WAR 265) [pdf, 210 KB]

   ...submissions that the trustees had additional responsibilities to attend to during this period that included dealings with the Whakatāne District Council over wastewater issues, relations with the post settlement governance entity and matters concerning environmental related issues as they concern the trust beneficiaries. [15] The trustees also confirmed that they were to convene a further general meeting in February 2021 to continue the discussions over the marae development plan a...

10. 2020-10-28-Minute-re-PC-1-8.pdf [pdf, 211 KB]

    ...confidentiality orders or orders prohibiting or restricting publication. 3 These are any relevant National Policy Statement and Regional Policy Statements. 7 (e) in line with s 44A RMA, review the plan changes against any applicable National Environmental Standards; (f) address any linkages between the plan change provisions and the provisions of the operative Regional Plans; and (g) consider any amendment proposed by the parties and, giving reasons, either: (i) support...