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  1. [2023] NZEnvC 082 Royal Forest & Bird Protection Society of NZ Inc v Dunedin City Council [pdf, 1.6 MB]

    ...a net gain in the biodiversity values of the area; or b. where there are no practicable alternative locations, any proposal for a biodiversity offset is in accordance with Policy 2. 2. 3. 6; or c. where a biodiversity offset is not practicable, environmental compensation is proposed in accordance with Policy 2. 2. 3. 7. Policy 10.2.1.3 Avoid rural activities (except for rural anciltary retail, rural tourism and rural research), residential activities (&xcept for working from hom...

  2. RC - Felicity Boyd - Statement of Evidence - 17 December 2021 [pdf, 3.4 MB]

    ...--------------------------------------------------------------- 28 National planning standards ------------------------------------------------------------- 33 Regional policy statements -------------------------------------------------------------- 33 National Environmental Standards and Regulations ------------------------------ 36 Water Conservation Orders -------------------------------------------------------------- 38 Other regional plans ----------------------------------------...

  3. [2024] NZEnvC 167 Director-General of Conservation v Northland Regional Council [pdf, 6.6 MB]

    ...reached by Ngāi Takoto Iwi and Te Aupōuri Iwi through Treaty settlement korero that their contemporary rohe boundary on Te Oneroa-a-Tōhe (Ninety Mile Beach) is at Hukatere. In aid of this submission, Te Make points to Te Iwi O Ngāi Takoto Environmental Plan (NEP) provisions said to record the Deed of 11 Memorandum of counsel on behalf of Te Make, dated 8 May 2024, at [2.1] and [4.1(b)]. 12 Memorandum of counsel on behalf of Te Make, dated 8 May 2024, at [3.3] ff. 12 Sett...

  4. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

    ...would have adopted the Highest Recorded Groundwater Level ("HRGL") plus a 1 m buffer.18 Elsewhere in the decision the Commissioners appeared to regard the 1 m between excavations (hence backfilling) and groundwater to be "a critical environmental bottom line that should be adhered to 100 percent of the time and strictly enforced by the consent authorities".19 [21] It is clear that the Hearings Commissioners regarded 1 m freeboard above the static highest recorded...

  5. 2021-07-05 Nga Runanga - Closing Submissions [pdf, 214 KB]

    ...of issues before the Court, it has taken a responsible and thoughtful approach throughout. PROBLEM DEFINITION AND ACCEPTANCE 9. It is submitted that there are two limbs to the problem that PC7 is intended to resolve: a planning problem, and an environmental one. The limbs are inextricably linked. Planning problem 10. PC7 is founded on the fact that the operative Regional Plan: Water for Otago (Water Plan) does not offer flow and allocation regimes for catchments in the Otago Region...

  6. [2020] NZEnvC 102 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 425 KB]

    ...brief however, methyl bromide is a colourless, odourless gas which is fatal if received in large quantities for humans and animals. Special safety procedures have been authorised by HSNO and the EPA for their use and the issue is a subject of an Environmental Risk Management Authority Decision (ERMA) amended in 2011 for use of Methyl Bromide. [12] What is also clear is that the way in which the Northport log fumigation occurs is not exactly the same as that which occurred at the Por...

  7. [2023] NZEnvC 243 Ngāti Kuku Hapū v Bay of Plenty Regional Council [pdf, 794 KB]

    ...commencement of this consent prepare a management plan for the Marina, which includes but is not limited to (refer to Advice Note 7 below): (a) The berth contract provisions (Marina agreement) which are directed at ensuring berth holders act in an environmentally appropriate manner. The agreement which should include controls, restrictions and management methods for: i. Fuel storage and usage; ii. Boat maintenance in the Marina; iii. Waste management; iv. Sewage management; v....

  8. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

    ...conflicts between existing lawfully established significant hazardous facilities and new sensitive activities through subdivision and land use activity controls and other appropriate measures. Disposal of hazardous wastes is to be undertaken in an environmentally safe manner at uthorised facilities to avoid risk of hazardous substances creating adverse effects on t e environment and human health. Policy 2.8.11 Transportation of hazardous substances, including wastes, as part of a lan...

  9. Memorandum of Counsel for The Point 6 September 2018 [pdf, 1.4 MB]

    ...Engineering Drawings and Details .................................................................... 13 As-Built Drawings ................................................................................................................ 14 Construction Environmental Management Plan ............................................................. 14 Construction Quality Assurance .............................................................................. 15 Construction Works Programme .....

  10. [2022] NZEnvC 101 Otago Regional Council [pdf, 1.4 MB]

    ...Environment Court under s142(2)(b) of the Resource Management Act 1991 (the RMA’ or ‘the Act’) to give a decision on the provisions and matters raised in submissions. [8] PC8 was notified as part of an omnibus plan change (with PC1) by the Environmental Protection Authority on 6 July 2020. A total of 96 submissions and 12 further submissions were made to these changes. Of these, 82 submitters requested to be heard, with the majority wanting to present a joint case. 3 Boy...