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1. [2022] NZEnvC 028 Bridesdale Farm Developments Limited v Queenstown Lakes District Council [pdf, 229 KB]

   ...Under s 285 RMA, the court may order any party to proceedings before it to pay to any other party the costs and expenses incurred by the other party that the court considers reasonable. This has been described as a broad discretion.4 However, in Environmental Protection Authority v BW Offshore Singapore Pte Ltd (‘BW Offshore’), the High Court reiterated the importance of not being inconsistent, when exercising the discretion, with well-established principles.5 In particular, as...

2. [2022] NZEnvC 093 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 249 KB]

   ...basis for findings, thus adding to the costs of the applicant.12 [16] The court has previously undertaken an assessment of “blameworthiness” when determining whether to award costs against councils.13 However, the recent High Court decision of Environmental Protection Authority v BW Offshore Singapore 6 Environment Court Practice Note, at clause 6.6. 7 Environmental Protection Authority v BW Offshore Singapore Pte Ltd [2021] NZHC 2577 at [19]. 8 Foodstuffs (Otago Southland) P...

3. The Crown Minerals (Decommssioning and other Matters) Bill [pdf, 175 KB]

   ...explains that New Zealand’s petroleum sector is maturing, and an increasing number of petroleum fields are nearing the end of their economic lives and will soon require decommissioning. The costs of decommissioning are described as substantial and the environmental effects and health and safety risks of failing to decommission can be significant. 6. There is currently no explicit statutory obligation to decommission under the Act, which means that there is a lack of clarity about permi...

4. [2023] NZEnvC 120 Dewhirst v Canterbury Regional Council [pdf, 4.5 MB]

   ...to do the Remediation and Enhancement Works; (b) the passage of time had led the respondent to consider that the Remediation and Enhancement Works required by sub-clauses C(e)(ii)-(v) inclusive of the Amended Order were unlikely to provide the environmental benefits first envisaged, but that it would be more appropriate to let natural processes continue to operate without being restrained by those works; (c) due to the existing authorisations held by the respondent, it was better...

5. TN v U Ltd [2024] NZDT 89 (7 February 2024) [pdf, 149 KB]

   ...asbestos (it had been identified by tests completed by [Asbestos testing company] in April 2014, before earthquake damage work was completed). 2. After the work was completed TN contacted his insurer and testing, completed on 1 December 2017 by [Environmental testing company], confirmed trace levels of asbestos fibres were found in the bedroom where the window was installed and in the hallway of the house. Asbestos fibres were also found in the ground (in the garden bed) beneath wh...

6. 2021-03-23 Transcript (up to Mr McIndoe on day 10) [pdf, 3.4 MB]

   ................................................................................................. 779 CROSS-EXAMINATION: MR MAW ................................................................................................ 785 EXHIBIT FISH AND GAME 1 PRODUCED – PROPOSED NATIONAL ENVIRONMENTAL STANDARDS ON ECOLOGICAL FLOWS AND WATER LEVELS DISCUSSION DOCUMENT ................................................................................................................................ 79...

7. 2021-04-12 Transcript (up to end of day 15) [pdf, 1.1 MB]

   ...were saying at the end. So I’ve asked you a question about the controlled 25 activity pathway and what that may be capable of achieving over the short term, and I wasn’t clear about your answer. A. I don’t think it can achieve anything environmentally or from an efficiency perspective. I think it can only be a simple process, or it should only be a simple process rollover, because if you require anything else, that can 30 require on farm changes, which requires investment f...

8. Transcript - Hearing - PC7 - 12 April 2021 [pdf, 1.1 MB]

   ...were saying at the end. So I’ve asked you a question about the controlled 25 activity pathway and what that may be capable of achieving over the short term, and I wasn’t clear about your answer. A. I don’t think it can achieve anything environmentally or from an efficiency perspective. I think it can only be a simple process, or it should only be a simple process rollover, because if you require anything else, that can 30 require on farm changes, which requires investment f...

9. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT ENV-2016- IN THE MATTER AND IN THE MATTER BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant MACKENZIE DISTRICT COUNCIL Respondent APPLICATION FOR DECLARATIONS BY ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED 17 November 2016 Counsel Acting: R B Enright / MCWright PO Box 91736 Victoria Street West Auckland 1142 E: madeleine@ed...

10. Final-Technical-Assessment-C-Air-Quality.pdf [pdf, 5.4 MB]

    ...The release of a substance (eg, an air pollutant) from a source, (eg, transport, industry or domestic fires). Emissions are often expressed in units per activity (eg, grams per kilometre driven g/km or grams per kilogram fuel burnt g/kg). ESR Environmental and Social Responsibility. EWS Electronic Weather Station. Exceedance An occasion when the concentration of an air pollutant exceeds a standard or permissible measurement. Existing Air Quality Existing air quality is the ai...