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1. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

   ...the Harvry decision referred to by the Residents records that this can be a factor but should not be determinative).41 [16] The Council noted that this has been a difficult case, and the Court agreed that it was complex - legally, technically, environmentally, socially and practically.42 The Council does not consider it has misinterpreted clearly settled law or pursued 35 Residents' costs memorandum at [24]. 36 Residents' costs memorandum at [25]. 37 Council's costs...

2. 2021-03-15 ORC PC7 Hearing Schedule [pdf, 231 KB]

   ...Representative Subject (if provided) Position Evidence / Representation Questioning / Cross-Examination Fish & Game Morgan Trotter Ecological Flow Evidence Summary (10min) Court (45min) ORC (30min) OWRUG (30min) Fish & Game Nigel Parageen Environmental Management Evidence Summary (10min) Court (45min) ORC (30min) Nga Rūnanga (30min) OWRUG (30min) Lunch (12.45pm) Fish & Game Ian Cole Recreational Angling Evidence Summary (10min) Court (45min) OWRUG (30min) Fish &...

3. Ngāi Tahu Ki Murihiku - EiC - D Whaanga - Culture (5 Feb 2021) [PDF, 440 KB]

   ...management plans, Te Whakatau Kaupapa o Murihiku 1997, the Ngāi Tahu Freshwater Policy 1999 and Te Tangi a Tauira 2008, record our values. They have been created to assist in our interactions with resource managers, including the preparation of environmental plans and proposals under the Resource Management Act 1991. Page 12 34616627_3.docx 35. We have a saying that “the Treaty is always speaking”, meaning that the process of settling Te Kēreme – the Ngāi T...

4. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

   ...Ahuareka costs submissions at [17]. Ahuareka costs submissions at [19]. Kumeu Properly Limited v Auckland Council [2018] NZEnvC 27. 9 [26] Ahuareka referred to pretrial discussions between itself and the Council as to an enhancement proposal and environmental package which it advanced. It took umbrage at the fact that the Council went along with Ahuareka pursuing such a package when it seemed that it was never going to approve it. [27] Ahuareka went on to address the issue of...

5. Beef & Lamb New Zealand Limited [pdf, 224 KB]

   ...the limitations to PC1, on its own, providing for the restoration and protection of the Whangamarino Wetland (paragraph 1427). (j) The Report correctly found favour with the proposition in principle that farming activities with low levels of environmental effects should be enabled (e.g. paragraph 1067). 7 (k) The Report erred in failing to recognise that the principles applying to the relative contributions of contaminants from different types of farming activities (...

6. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...[2] The applicant, Ms Faulkner, applies for cancellation of the permanent injunction on the basis that there are parallel proceedings in the Environment Court which will ultimately determine whether her dwelling is in breach of the Motiti Island Environmental Management Plan (“the Plan”) and required to be removed. The application is opposed by Aubrey and Graham Hoete who argue there has not been any substantial change in circumstances to justify the cancellation of the permanent...

7. [2019] NZEnvC 187 Van Tiel v Waikato District Council [pdf, 781 KB]

   ...consultant. (ii) All levels shall be in terms of the Moturiki Datum. 8. Prior to undertaking any earth disturbing activities on site, the consent holder shall provide an erosion and sediment control plan with the objective being to minimise adverse environmental effects of soil disturbing activities though appropriate design and use of erosion and sediment control techniques. The Erosion and Sediment control plan shall be prepared generally in accordance with the Waikato Regional Co...

8. [2022] NZEnvC 176 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 317 KB]

   ...[44] The alternative relief sought by Vortac in its application is that the time for compliance be extended to allow an application for consent to be lodged or a certificate of compliance to be requested. The affidavit of Mr Watt, the Council’s environmental consents manager sworn on 13 May 2022, states that 9 Ruddlesden v Kapiti Borough Council (1986) 11 NZTPA 301. 14 no application or request has been received. [45] There was some discussion at the hearing about delay. Vo...

9. [2022] NZEnvC 189 Port Marlborough New Zealand Limited v Marlborough District Council [pdf, 1.2 MB]

   ...effects associated with the conventional ships operating prior to the introduction of the MV Aratere in 1999. The Environment Court has determined that the amount of energy appropriate for the National Transportation Retlte-Area is to be founded on the environmental effects associated with conventional ships operating prior to the introduction of the M.V. Aratere in 1999. The energy limits included in the MEP are therefore based on the need to ensure that damage or change at the shore is mi...

10. [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...