Search Results

1. [2022] NZEnvC 186 Blue Wallace Surveyors Limited v Waikato District Council [pdf, 422 KB]

   ...3.15 confirms that Mr Tim Lester presented evidence or submissions on behalf of BWSL in support of the Nabbs & Forsyth submission regarding this Maaori Site of Significance. The decision report records: Mr Lester stated that all relevant environmental, cultural and landowner considerations need to inform a balanced evaluation prior to a MSOS [Maaori Sites of Significance] annotation being placed on private properties. In particular, Mr Lester requested that we recognise that con...

2. [2017] NZEnvC 136 Mackenzie v Tasman District Council [pdf, 526 KB]

   ...assessing the efficiency and effectiveness of the provisions in achieving the objectives; and (iii) summarising the reasons for deciding on the provisions; and (c) contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal. Section 32(1) requires an examination of the "objectives of the proposal being evaluated". What are the objectives...

3. [2018] NZEnvC 250 Granger & Ors v Dunedin City Council [pdf, 13 MB]

   ...repositioning of the building platform on Lot 1." 8 Their evidence was not challenged by the applicant's counsel, but in saying that we were not told whether the applicant agreed to modify the proposal accordingly. Proposed planting and environmental enhancement conditions [162] We agree with Mr Forsyth that the development of Lot 1 and 2 is unlike the existing patterns of development situated near the coast." 9 Landform and vegetation will be key to successful inte...

4. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix B [pdf, 292 KB]

   ...proposed amendments are footnoted with a reference to either a submission in general or the particular part of a submission that gives the scope for the proposal. The coding used is that contained in the Summary of Decisions table prepared for the Environmental Protection Authority (EPA) and published on the EPA website. Where “consequential amendment” is noted, the amendment is a necessary consequence of a submission-based recommended amendment so that the overall integrity o...

5. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...is the most effective technique. [47] It is important to also acknowledge that the Trustee has not accepted OSPRI’s preferred approach to control of pests on Tataraakina C. Mr Hemana has instead looked for a solution that would not only be environmentally friendly, but also take into account the 87 Tākitimu MB 113 owners wishes and protect wāhi tapu on the block. With these considerations in mind, Mr Hemana and OSPRI have reached a compromise and will undertake a comb...

6. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

   ...again tried to contact the Appellant and a meeting was arranged for 14 February 2018. That meeting was attended by Mr Giles and Mr Osmand for the Appellant and by Ms A Curtis (the Council's compliance manager), Mr C Watts (the Council's environmental consents manager) and Mr Brown. The outcomes of the meeting were that the Appellant stated it would apply under s 127 of the Act to change or cancel condition 7 and that otherwise the parties disagreed about the validity of th...

7. E50 Myfanwy Eaves - Historic Heritage - EIC - Council V2 [pdf, 810 KB]

   ...subsoil, decay will accelerate and all recording must be rapid. 9.3 In summary, this proposal will provide the opportunity to record whatever historic heritage evidence remains at this location as it is unlikely to remain much longer. Realistically, environmental effects on this material are not controlled therefore any opportunity to document, to scale, is the professional response to the effects of this proposal on the remaining historic heritage resource. Myfanwy May Eave...

8. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

   ...reconsiders this case. [23] ACC requested the advice of its clinical advisory panel which consisted of ten medical professionals, 6 of whom were orthopaedic surgeons. Also represented was an urgent care specialist, a physiotherapist, an occupational and environmental medicine specialist and a general surgeon. [24] The panel reported on 2 April 2019. ACR 248/18 [25] The panel first noted that the event on 13 July 2016 was not consistent with severe internal derangement of the...

9. [2023] NZEnvC 159 Beachen v Auckland Council [pdf, 637 KB]

   ...PJ Schutte, at [5.2(b)]. 73 LUC60400809. 18 Discussion The resource consent for a new principal dwelling means that the existing cottage would become a minor dwelling and there would then be a new principal dwelling. The Assessment of Environmental Effects and the Council officer’s report make no mention of the tiny home, but it would have been on the property at the time the application for resource consent was made. Apparently, the Council officer did not visit the pro...

10. [2021] NZEnvC 085 Rangitane o Tamaki v Manawatu-Wanganui Regional Council [pdf, 1.5 MB]

    ...its memorandum, Dr Ausseil considers that continuous monitoring of dissolved oxygen is overly onerous. We agree with Dr Ausseil and, in addition, do not consider any information obtained would assist to any significant extent in more effective environmental outcomes. We direct that proposed conditions W24 and W25 be deleted. [26] The Regional Council (and TDC) identified that our direction to include a new condition G2A requiring the adoption of the BPO led to some confusion for bot...