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1. Te Manutukutuku Issue 6 [pdf, 599 KB]

   ...took the 'non-adversarial' forum of the Waitangi Tri­ bunal to bury fmally ill-conceived plans to divert treated sewage down the Kaituna River and to encourage acceptance of a sensible alternative. A welter of reports, public objections, environmental lobbying and known Maori sensitivities had previously been unable to stop that scheme by more conventional means, or to curb the squabbling between local authorities and national politicians. Yet before the Tribunal, whose inter...

2. [2021] NZEnvC 088 Tran v City Rail Link Limited [pdf, 759 KB]

   ...by the Court arising from its substantive decision and reservation of costs following that decision. 26 Discussion [24] Ms Tran admitted in her evidence that the alteration to the notice of requirement avoided adverse effects to heritage and environmental values. 27 However, Ms Tran continued to oppose the residual aspects and to attack matters of process.28 The Court simply had no jurisdiction to grant some of the relief Ms Tran sought. 29 The Court was left to endeavour to get t...

3. [2021] NZEnvC 125 Dewhirst v Canterbury Regional Council [pdf, 2.4 MB]

   ...for resource consents and bylaw approval for the works required under paragraphs C(a) and C(e). An application for the full 5 range of required resource consents was lodged on 8 August 2020. [5] In September 2020, the freshwater National Environmental Standards and National Policy Statement took effect The parties have advised the court that, as a result, the processing of the resource consents’ application became more complex because ecological surveys were required. Whil...

4. [2023] NZEnvC 263 Feeley v Queenstown Lakes District Council [pdf, 1.7 MB]

   ...benefits associated with additional development Relatively visually discreet nature of the location (due to landform and vegetation patterns). Close proximity to Arrowtown. Urban infrastructure. Large-scaled lots suggest potential for subdivision. Environmental characteristics and visual amenity values to be maintained and enhanced Attractive urban parkland character. Landscape coherence. Reinforcing a robust and defensible edge to Arrowtown. Capability to absorb additional de...

5. [2024] NZEnvC 042 Nelson City Council v Senk [pdf, 191 KB]

   ...affirmed 27 October 2023 in support of this application; iii) List of names and addresses of persons to be served with a copy of this application. Supporting affidavits Affidavit of Naomi Olive Alderson [3] The affidavit of Naomi Olive Alderson, environmental officer, advises that a duty planner requested an investigation of a building in the back yard of 252 St Vincent Street that may have been in use as a residential address. [4] A Council sewer pipe runs under the section f...

6. DU v QN [2023] NZDT 434 (4 September 2023) [pdf, 220 KB]

   ...present at the time of sale? 14. It was a condition of sale, that DJ was to be checked by a vet before DU accepted him. Both parties agreed that no issues with DJ were identified at this time. 15. CHD is largely a genetic, inherited condition. Environmental factors will worsen a genetically predisposed individual. A dog without the genes for CHD is very unlikely to develop CHD. 16. QN suggested that perhaps something had occurred which gave rise to the CHD in the time that DU...

7. MN v DX [2025] NZDT 97 (28 February 2025) [pdf, 154 KB]

   ...advertisement, which described [the horse] as ‘green’ and that she had sat in the paddock for the year and would require a sensitive rider. j. I consider it more than likely that the behaviours of reefing, bunny hopping and rearing were responses to environmental factors that [the horse] experienced with MN or as a response to pain. I say that as no disrespect to MN’s ability to care or ride [the horse], but [the horse]’s environment (stress from transportation- 8 hours) feed, amo...

8. ENV-2016-AKL-000187 England Spring Street Residents v Auckland Council [pdf, 12 MB]

   ...zoned properties across the road in England Street or Spring Street. 5 (f) The lower intensity zoned properties in England Street and Spring Street have a special character that makes a significant contribution to amenity values and environmental quality in Freemans Bay, and justifies achieving some proportionality between housing intensification and protecting special character – Council’s decision does not achieve this balance. Otherwise, this balance will be los...

9. [2021] NZEnvC 111 Weston Lea Limited v Hamilton City Council [pdf, 23 MB]

   ...Prime Commissioner AP Gysberts 16 - 17 June 2021 MJ Doesburg for Weston Lea Limited (Weston Lea) M Mackintosh for Hamilton City Council (the Council) V Tumai and M Hooper for the Director-General of Conservation (DOC) P Lang for the Riverlea Environmental Society Incorporated (RESI) W Jennings for Royal Forest and Bird Protection Society of New Zealand Incorporated (Memorandum Only - supporting the decision of DOC and RESI) Date of Decision: 30 July 2021 Date of Issue: . 30 J...

10. ENVC practice note 2014 [pdf, 263 KB]

    ...arbitration, expert determination and judicial settlement conferences. These may be facilitated by Judges, Commissioners, or other persons appointed for the purpose. (c) Mediation and other forms of ADR are particularly well-suited to resolve many environmental disputes. ADR techniques are often highly cost-effective compared to proceeding to a full hearing before the Court, and outcomes may also be reached beyond the jurisdiction of the Court in a hearing by way of side agreements...