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1. 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...

2. [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...

3. [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...

4. [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...

5. 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.

6. [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...

7. Position profile Environment Commissioners March 2021 [docx, 29 KB]

   ...Court is constituted under section 247 of the Resource Management Act 1991 (RMA) and is a court of record. The Court has the same powers as the District Court in the exercise of its civil jurisdiction. It is a specialist Court with jurisdiction over environmental and resource management matters. As well as fulfilling a primary function as a “court”, the Environment Court has a pivotal role in the resource management process itself. The RMA confers primary powers on local authorities and t...

8. [2021] NZEnvC 198 Kaiuma Farm Limited v Marberry Estate Limited [pdf, 259 KB]

   ...reliance on ss 314(1)(a)(i), 314(b)(i), 314(b)(ii) and 320(1), RMA.3 In summary, this is on grounds set out in supporting affidavits and that: (a) continuance of the works would contravene, or likely contravene the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017 (‘NES-PF’), referring in particular to regs 25–33 on earthworks, and reg 65 on harvesting and sedimentation; (b) the works would contravene the duty in RMA s17; (c...

9. Waste Management NZ Limited 225 [pdf, 75 KB]

   ...same or similar relief as that sought by ACI Operations New Zealand Limited, trading as 0-1 New Zealand. 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. T...

10. Hamilton City Council.pdf [pdf, 252 KB]

    ...sets the trajectory to achieve that long-term objective and to implement Objective k of Te Ture Whaimana. It is unnecessary, therefore, for the purposes of achieving this objective, to require people who operate point source discharges to provide environmental gains beyond those required by PC1. It is also inequitable and inappropriate to do so. - 4 - Provision Relief sought by Appellant HCC’s position Reasons the same Freshwater Management Unit or a Freshwater Management Un...