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1. [2021] NZEnvC 073 Smith v Young [pdf, 782 KB]

   ...DFC NZ Ltd II Bieli!y (1991) 1 NZLR 587. 7 NCC submissions [13] lvis Besier and :tvis Iviitchell submit no order for costs should be made against NCC. Counsel point out that NCC did not cause the unconsented works which created the adverse environmental effects and NCC is not a party to the enforcement order proceedings. \'{lhile it took part in those proceedings, that was in good faith to assist the court and parties, in recognition that the proceedings had to be bundled...

2. [2019] NZEnvC 129 Thornley v Marlborough District Council [pdf, 12 MB]

   ...declaratory orders is intended to be utilised in appropriate circumstances and it has been held that if there is any uncertainty which needs to be determined in respect of the terms of a resource consent, and if determination of that issue relates to environmental issues, then the court should not lightly make orders which dissuade parties from resorting to the declaration process.42 [19] The Council is critical of the applicants for making this application for declaration. From a j...

3. [2018] NZEnvC 236 Strategic Property Advocacy Network (SPAN) v Auckland Council [pdf, 374 KB]

   ...O'Neilis Road. The consent orders do not seek authorisation for a subdivision consent at this time. [30] Given that these proceedings are concerned with the AUP rules for potential subdivision opportunities rather than the statutory assessment and environmental effects of a particular subdivision application, the parties do not consider this appeal to be the appropriate forum for the Youngs to raise the arguments set out in their s 274 notices. Discussion The Consent Order...

4. 2021-06-15 D-G of Conservation - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 335 KB]

   ...Director-General of Conservation in reply to Memorandum of Amicus Curiae re Deemed Permits - DOC-6689608 9 continue the effect of priorities to regulate the allocation of water resources between users. This recognises and continues the incidental environmental benefit to flows and instream values provided by the previous exercise of priority rights. 42 I agree with Dr Somerville20 that any water use hierarchy regime under PC7 would need to meet the requirements for regional plans...

5. [2023] NZEnvC 029 Reefville Properties Limited v Christchurch City Council [pdf, 885 KB]

   ...development (including building frontages, circulation routes, sightlines and lighting) within the Northern Homebase Centre; and C. any potential safety or nuisance effects and methods to address such effects including by way of a Crime Prevention Through Environmental Design ("CPTED") assessment. iii. Heavy vehicles: For activities that will generate more than 250 heavy vehicle trips per day, whether there are any effects from these trips on the roading infrastructure. iv. A...

6. [2022] NZEnvC 121 Cullinan v Kaipara District Council [pdf, 425 KB]

   ...activities on site shall be carried out in accordance with the plans and all information submitted with the application formally received by the Kaipara District Council (“Council”) on 17 September 2018: • Application form, and assessment of environmental effects prepared by Pacific Coast Surveys, dated March 2019. Plan title and reference Author Rev Dated Site survey reference 2490 Pacific Surveys Coast 3 March 2021 Site survey proposed car park layout reference 2...

7. 25b.-Appendix-B-to-the-Evidence-of-Mr-Lister-Tara-Ika-PC4.PDF [PDF, 197 KB]

   ...BF\61994961\1 Page 7 21. Objective 6A.2 does refer to coordination of infrastructure and urban development in general terms. It states that “Efficient delivery of infrastructure within Taraika will enable development while protecting environmental values and achieving a high level of residential amenity.” Policy 6A2.2 is to “Require subdivision and development to be managed, designed and staged to align with the coordinated provision and upgrading of the infrastructur...

8. 2023-10-10-Rebuttal-Evidence-of-N-Keenan-Stormwater.pdf [pdf, 255 KB]

   ...Person (SQP) (a Chartered Engineer) independent of the design process in the form of a technical review. That engineer will sign off the plans. Waka Kotahi will have this verification prior to the construction phase to ensure the objectives of its Environmental Plan and Policy are met by the designs. P46 notes that: As-built certification forms as set out in the NZTA (2010), Stormwater Treatment Standard for State Highway Infrastructure, should be used or replaced with agreed alt...

9. Evidence-of-M-Warwick.pdf [pdf, 173 KB]

   ...need to provide it in Horowhenua. Cycling 20 years ago was not the active mode it is today because there were not safe pathways, but cyclists have been provided safe alternatives to the roads and the increase in use of cycles and walking has been an environmental success. We need to be forward thinking and provide that for all. INTER-REGIONAL FACILITIES 40. In my opinion as a person who has been around the council table it seems silly to end infrastructure at a boundary. On one si...

10. NM v YN Ltd [2024] NZDT 676 (24 July 2024) [pdf, 231 KB]

    ...petrol. Thus, he has not shown financial loss, but rather loss of the ability to use the car as he wishes; he does not have the peace of mind of knowing that he can safely plug the car in to a fast charger when he travels and thereby obtain the desired environmental and efficiency advantages of the use of a battery. [21] The difference between the price of the [hybrid car] that NM bought and the equivalent petrol model has been shown to be some $8,000.00. Thus, NM may be regarded as havi...