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1. [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...

2. [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...

3. HD v NU [2023] NZDT 118 (9 March 2023) [pdf, 201 KB]

   ...out roots and the built up sludge. Instead HD needed a new disposal system installed in a different area. It required an assessment of the site and a decision made about what system HD could install that would be compliant with the more stringent environmental requirements. 10. QI confirmed that HD would need to replace the entire system and not only the disposal pipes. He said the system was old and not even remotely compliant so that the Council would not allow HD to replace like fo...

4. C Ltd v O Ltd [2025] NZDT 270 (18 July 2025) [pdf, 117 KB]

   ...location of the leak. 17. C Ltd directed the Tribunal to their terms of conditions which specify that leak detection is not guaranteed: 18.Guarantee 18.1 No guarantee can be offered on Leak Detection or GPR as it is reliant on numerous environmental conditions. 18. C Ltd claim that they did everything they could to locate the leak but had to stop due to the unknown location of the electrical cables underground. They advised O Ltd to speak to [Energy Company] to locate the...

5. [2022] NZEnvC 227 Nga Kaitiaki O Te Awa O Ngaruroro [pdf, 1.1 MB]

   NGARURORO-CLIVE WATER CONSERVATION ORDER IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 227 IN THE MATTER OF submissions under s 209 of the Resource Management Act 1991 BETWEEN NGĀ KAITIAKI O TE AWA O NGARURORO (ENV-2019-AKL-000270) HAWKE’S BAY REGIONAL COUNCIL (ENV-2019-AKL-000272) EAST TAUPŌ LANDS TRUST (ENV-2019-AKL-000273) OWHAOKO B & D LANDS TRUST (ENV-2019-AKL-000274) WHITEWATER

6. [2018] NZEnvC 067 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 14 MB]

   ...Motiti had been the subject of earlier commentary by the Environment Court from around 1997. [9] We conclude that the issues arising in these appeals, and in relation to the Coastal Marine Area, cannot be viewed in isolation from their surrounding environmental context. There have been a great many cases dealing with the interface between the rivers and the sea in this area, including the Kaituna river (Rotoiti diversion wall case) and District Plan cases (Tarawera River, Matata cas...

7. [2020] NZEnvC 027 Lake Road Preservation Society Incorporated v Auckland Council [pdf, 3.6 MB]

   ...outside the original quarry site and the re-siting of the ponds and the like. [26] In short, it is the changes that have occurred since around 1999 which have increased the impact of the quarry on the local environment both in terms of visual environmental impacts and also in terms of truck movements as the number of vehicles has increased. 12 The Council Decision [27] We are required to have regard to the decision applied for under s290A of the Act. [28] The Council decis...

8. 2018 NZEnvC 067 - Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Interim Decision of the Environment Court - 11 May 2018 [pdf, 14 MB]

   ...Motiti had been the subject of earlier commentary by the Environment Court from around 1997. [9] We conclude that the issues arising in these appeals, and in relation to the Coastal Marine Area, cannot be viewed in isolation from their surrounding environmental context. There have been a great many cases dealing with the interface between the rivers and the sea in this area, including the Kaituna river (Rotoiti diversion wall case) and District Plan cases (Tarawera River, Matata cas...

9. [2016] NZEnvC 051 Craddock Farms Limited v Auckland Council [pdf, 2 MB]

   ...effects. It takes the view, as do the other opponents of the proposal, that the site is simply too small for the scale of what is proposed, and that the end result of granting resource consents will be that the surrounding properties will bear the environmental costs, both by way of the risk of chronic and acute odour effects, and the burden of the reverse sensitivity provisions of the District Plan, which could prevent, or at best make difficult and expensive, a new dwelling on the...

10. ENVC Hearing 6Oct14 AC evidence chief Nicole Bremner [pdf, 568 KB]

    ...appropriate and efficient use and development in the Coastal Marina Area (CMA). In my view whether or not the Proposal constitutes “appropriate” development in the CMA will be guided by positive considerations as well as the nature and degree of environmental effects resulting from that activity, and the characteristics of the environment. 72. Further, a number of objectives and some of the policies that are relevant to the Proposal are written in a way that seeks an outcome...