Search Results

1. HK & KP v RPP Ltd [2018] NZDT 1133 (9 May 2018) [pdf, 74 KB]

   ...consider the plan reference will most probably be to the Sika AT. [7] I am satisfied that the sealant applied by RPP LTD to the cladding has failed. Mr KR has explained that the installation was as specified and has suggested that pollution or environmental conditions (including sun or smoke residue) may be responsible given localised areas where the failure is more evident. [8] I accept MR HK and Mrs KP’s evidence they have regularly maintained the exterior of the house. The...

2. [2023] NZEnvC 057 Brial v Queenstown Lakes District Council [pdf, 279 KB]

   ...Council [2020] NZEnvC 205, at [8]-[10]. 14 Skelton, evidence-in-chief at [32]. 15 Proposed subdivision consent condition 17(b) and (c). 5 and prior to deposit of the survey plan for title under s224(c), RMA. The gully would be subject to an environmental management plan for eradication of weeds, planting of appropriate indigenous riparian species and prevention of grazing. The issues to be determined [6] The parties presented an agreed position on matters for determination,...

3. [2024] NZEnvC 127 100WPS Trustee Limited v Queenstown Lakes District Council [pdf, 18 MB]

   ...19. All marina navigational lighting and markers for the marina shall be screened so they are only visible on the correct approach path unless required to operate differently under relevant Maritime requirements. Engineering Advice notes for Environmental Management Conditions (29 –32 and 35 – 45): - ‘Suitably Qualified and Experienced Person’ is defined in the Queenstown Lakes District Council’s Standard for Environmental Management Plans. - ‘HOLDPOINT’ means...

4. Waste Management NZ Limited 233 [pdf, 76 KB]

   ...has filed a notice of appeal seeking the same or similar relief as that sought by New Zealand Steel Limited. Waste Management supports the relief sought because- 6.1 The AAAQS differ from the standards contained in the Resource Management (National Environmental Standards for Air Quality) Regulations 2004 (NES). There are no special circumstances in the Auckland region that would justify introducing regional air quality standards that differ from the New Zealand standards and guidelines...

5. ENVC speech Harland Environment Law Regulation conf 2012 [pdf, 130 KB]

   _____________________________________________________________________ ENVIRONMENTAL LAW & REGULATION CONFERENCE _____________________________________________________________________ KEYNOTE ADDRESS BY JUDGE M HARLAND Introduction [1] In a recent paper, David Sheppard, a former Principal Environment Judge said (and I agree), that the arrangements for safeguarding the environment are always under review. That is because they involve finding a position in the tension between su...

6. [2023] NZEnvC 132 Wellington Regional Council v Goggin [pdf, 687 KB]

   ...provided within 30 working days from the date of approval of the SQEP and must include the following: a. An overview of the erosion issues onsite; b. A plan to revert the river to its original course or, alternatively, a plan to maximise the environmental restoration/ remediation of the Stream; c. Proposed dates for each stage of the work to be undertaken; and d. Advice on which consents will be required for the work to be undertaken. 9. Works must not start onsite...

7. [2022] NZEnvC 041 Central Otago District Council v Hosham [pdf, 256 KB]

   ...“LW-8”. 6 Effects on the environment of not making the order and the lack of undertaking as to damages [9] Mr Webster opines the placement of the houseboat in the location proposed will result in significant adverse visual effects on the environmental quality of Lake Dunstan. Further, he observes that, in the event that the houseboat is successfully placed on the mooring, it could take some time to remove it.6 [10] The evidence also refers to potential adverse effects on...

8. [2023] NZEnvC 219 Gore District Council v Southland Regional Council [pdf, 196 KB]

   ...Council is not aware of any effects on the environment, nor any run-off or discharge from the landfill having an adverse effect on the environment from the clean fill and green waste operation adding to the cap. In short, there is no immediate environmental effect being created as far as Gore District Council is concerned that needs remediation or urgent attention. (f) If the discharge of clean fill and green waste is to cease immediately, this will result in significant social di...

9. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu representation (2016) 124 Waikato Maniapoto MB 3 (124 WMN 3) [pdf, 270 KB]

   ...order: For limited and specified purposes directed primarily towards the representative capacity of the Rūnanga to represent Ngāti Pu interests at Whangamata and Hikutaia with local and public authorities on matters such as planning, consent, environmental management and regulation. [6] We also noted that the Hauraki settlement was likely to include redress instruments that include relationships with local and public authorities.

10. [2022] NZEnvC 185 Taranaki Regional Council v Boyd [pdf, 164 KB]

    ...Orders; (k) information about the appropriate applications and consents required, to complete and implement the Plan, in accordance with the requirements of the RMA, the Regional Freshwater Plan for Taranaki and the Resource Management (National Environmental Standards for Freshwater) Regulations 2020; (l) a requirement to undertake regular monitoring and maintenance of the Remedial Works including: maintenance of fencing for stock exclusion; monitoring and mitigation works to...