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1. Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822 (2017) 160 Waiariki MB 242 (160 WAR 242) [pdf, 219 KB]

   ...more holistically, without the sale of land, the condition of the land will continue to regress such that their viability will one day be beyond the capital investment required to lift them to productivity. The sale of land will also facilitate environmental outcomes, such as the restoration of a wetland, which would otherwise not occur. 160 Waiariki MB 247 The law [11] The relevant sections to apply are ss 135 and 136 of Te Ture Whenua Māori Act 1993 (the Act), which stat...

2. [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...

3. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

   ...Council on the cancellation of the Terra NZ Group Limited v Auckland Council (Decision 20200722) 2 abatement notices. Background [2] On 19 August 2016, resource consent was granted by Auckland Council to Karaka Farms Limited to undertake an environmental lot subdivision at 55 Harkness Road, Karaka. Terra NZ Group Limited (the Appellant) was a consultant to the consent holder. [3] For the purposes of this decision, the relevant part of the proposal was stated in the Council...

4. Grigorovich v Stapleton (Strike-Out Application) [2018] NZHRRT 44 [pdf, 234 KB]

   ...termination of his employment. Another issue is whether the Tribunal has jurisdiction in respect of a number of additional complaints Mr Grigorovich wishes to bring against Babbage. Background [4] Mr Grigorovich was employed by Babbage as a Senior Environmental Scientist from 10 June 2014 to 30 August 2014. In November 2015, Mr Grigorovich filed an application for leave to raise a personal grievance out of time with the ERA. This was necessary as it was after the expiry of the 90...

5. [2022] NZEnvC 027 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 209 KB]

   ...and seek to have the enforcement order amended to allow that to occur. [58] The Crown says that resource consent is very unlikely to be granted, given that the wall was not designed for a floodable area and that it has already had an observable environmental impact on neighbouring properties. The difficulty with this ground of appeal is that the appellants do no more than assert the possibility that resource consent would be granted. There is no evidential basis on which to conclude tha...

6. NZ BORA Advice: Land Transport Clean Vehicles Amendment Bill [pdf, 214 KB]

   ...of the vehicle has been recorded in the vehicle importer’s carbon dioxide account.4 8. The policy intention of the clean vehicle discount scheme is to require consumers who purchase high emission vehicles to pay a charge in recognition of the environmental and economic costs of that vehicle, and the revenue from that charge will be used to reward consumers who purchase vehicles that will contribute to lowering carbon dioxide emissions. Consistency of the Bill with the Bill of Rights...

7. [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...

8. 2022-03-04 John Cocks - Memo - in response to ORC's MOC dated 11 Feb 2022 [pdf, 362 KB]

   ...meanings of landfills required by PC1 Policy 7.4.11. SECTION 32 REPORT (S32 REPORT) 41. The s32 Report identifies WMP Objective 7.3.1 as the most relevant objective for PC1. Objective 7.3.1 is 7.3.1 To avoid, remedy or mitigate the adverse environmental effects arising from the discharge of contaminants at and from landfills. 42. The s32 Reports states that the WMP policies for landfills provide little guidance for decision-makers on resource consent applications. Yet, WMP...

9. [2023] NZEnvC 123 MFC Development Limited Partnership [pdf, 341 KB]

   ...the former l'vfichael Fowler Centre (TYIFC) carpark and is currently the site of a temporary building occupied by the Royal New Zealand Ballet". 4 [20] Counsel for CCAS also referenced the application and accompanying Assessment of Environmental Effects which sets out the following: The site, with a future nominated street address of 110 J ervois Quay is located within the former Michael Fowler Centre (lvIFC) carpark and is currently the site of a temporaty building occupi...

10. [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...