Search Results

1. 2021-09-06 ORC - MOC - re mediation [pdf, 111 KB]

   ...Auckland or other parts of New Zealand remain in Alert Level 4 or 3, that there may be the possibility of a hybrid mediation of in person and AVL attendance occurring. For example, if the South Island moves to Alert Level 2 and Court protocols permit mediation attendees gathering in Dunedin, those persons permitted to travel could attend in person (with appropriate protocols e.g. social distancing). Any other attendees restricted from regional travel at Alert Level 3 or 4 could...

2. 2021-07-30 ORC - Legal submissions - reply on pORPS [pdf, 132 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a propsoal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

3. 2021-05-17 Geoff Crutchley - Supplementary submission 17 May 2021 [pdf, 26 KB]

   ...In a water short region, it can be sensible to increase the land to water ratio where land is at a lesser premium than water. 7. I suspect that this focus on area stems from assumptions made in the Skelton report, which falsely linked deemed permits in the Taieri catchment to a large number of conversions to intensive land use. I am concerned that this may have contributed to efforts to reduce or limit the water assigned to these permits. In fact, the small number of such conversi...

4. Appendix 4 - Section 32AA Analysis [pdf, 77 KB]

   ...for use in informing the new Land and Water plan. - There is generally sufficient certain information (by way of technical advice provided during conference) about the subject matter to recommend this change except for unknown risks relating to permit holder behavior (manipulation of data post 2020). - The degree of risk of acting or not acting is uncertain. Removal of end date: - Risk of “Use it or lose it” approach that water users increase their taking to build up a...

5. ENV-2016-CHC-000071 Affirmation of Ms Jennifer Miller [pdf, 2.9 MB]

   ...13. In 2009, Forest & Bird made submissions on resource consent applications to the Canterbury Regional Council (ECan) on applications to take and use water in the Upper Waitaki, including applications within the Mackenzie Basin. The water permits have been sought for intensive farming purposes. Our concerns around the water permit applications focused on: 13.1 the potential adverse effect increased irrigation and the resultant decrease in water quality and water quantity woul...

6. 2021-04-15 HortNZ - ORC PC7 - Opening Submissions [pdf, 111 KB]

   ...Horticulture New Zealand (HortNZ) supports the transitional intent and planning framework of Plan Change 7 to the Regional Plan: Water for Otago (PC7). PC7 is intended to provide an interim regulatory framework for the replacement of expiring deemed permits and other expiring water permits while the Otago Land and Water Regional Plan (LWRP) is developed and becomes operative.1 2. It is vital that horticultural growers in the Otago Region have enough certainty of water supply...

7. FD, GN, LN, UT, NE, & NP v BQ Ltd [2022] NZDT 165 (18 October 2022) [pdf, 162 KB]

   ...the walk. The applicants chose not to pay the extra. At the time of booking, BQ did not make the applicants aware by its company website that the planned walk could not be undertaken at that time because the Department of Conservation did not permit guided tours to travel the mountain height that the parties expected the walk to. The applicants’ claim is that if BQ had made them aware of this they would have paid the extra fee for the refundable option. The walk was to take pla...

8. Fish & Game - B Farrell - JWS 4-6 May 2021 - tracked changes [pdf, 829 KB]

   ...to a new land and freshwater management regime that gives full effect to the NPS-FM 2020 by establishing an interim planning framework for the cost-effective and efficient assessment of resource consent applications for the replacement of deemed permits and for the take and use of freshwater. [16] PC7 intends to achieve this purpose by providing: (1) strong policy direction for limiting the consent duration for resource consents to take and use water;

9. LL v Sun [2019] NZIACDT 3 (30 January 2019) [pdf, 253 KB]

   ...After hearing a complaint, the Tribunal may dismiss it, uphold it but take no further action, or uphold it and impose one or more sanctions.4 [43] The sanctions that may be imposed by the Tribunal are set out in the Act.5 It may also suspend a licence pending the outcome of a complaint.6 [44] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standa...

10. 2021-04-12 Transcript (up to end of day 15) [pdf, 1.1 MB]

    ...yes they’re important or yes there will be chaos or whatever, but we are really trying to dig into what is known if anything about the exercise of those priorities. It seems 25 to us that the government had a transitional provision for deemed permits for a period of 30 years, which is to finally expire on 1 October 2021 – that is obviously a matter of submission – but that the government had assumed that, when it did expire, that there would be a fit-for-purpose water plan, w...