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1. Horowhenua 11 (Lake) Part Reservation Trust v Taueki - The Horowhenua 11 (Lake) Block (2015) 343 Aotea MB 254 (343 AOT 254) [pdf, 284 KB]

   ...did not accept Mr Taueki’s argument that the resolution to remove the Nursery buildings constituted unsatisfactory conduct by the trustees and therefore grounds for their removal. I concluded that at best, Mr Taueki could be said to have a bare licence to occupy the Nursery buildings, revocable at will on notice. I rejected the Trust’s contention that notice to revoke that licence could be implied from the intention to remove the buildings. I found that Mr Taueki was entitled to r...

2. [2023] NZEnvC 156 The Bears Home Project Management Limited v Auckland Council [pdf, 3.7 MB]

   ...for a specific period and a covenant giving effect to this obligation being recorded on the records of the relevant titles; (b) the use of the land being restricted for a specific period to rural production activities or activities which are permitted within the zone. The Appellant may seek resource consent for other activities but must include assessments of any effects on rural production and amenity in any future application. A covenant to that effect will be recorded on the...

3. [2019] NZEnvC 005 The New Zealand Heavy Haulage Association Incorporated (Huose Movers Section) v South Tarnakai District Council [pdf, 1.4 MB]

   ...unfinished for long periods of time. The Council manages the relocation of buildings by way of rules and performance standards to maintain the quality of the environment. Methods of Implementation The methods of implementation include: Rules which permit relocated buildings subject to performance standards relating to previous use, foundations, and a performance bond and owner certification to maintain and enhance amenity values. • Assessment of environmental effects through th...

4. Tranche 2 of Cabinet and Ministerial advice on changes to clubs and ranges regulations [pdf, 3.8 MB]

   ...replace Part 6 of the Act relating to clubs and ranges. Executive Summary 3 My overall firearms reform programme aims to provide for greater protection of public safety and simplify regulatory requirements, to improve compliance and better support licenced firearms owners, through four phases. 4 Amendments to the Act in 2020 changed how clubs and ranges were regulated, including new approval and certification requirements. I consider these went beyond what is necessary to ensure pub...

5. [2023] NZEnvC 176 Prouse Trust Partnership v Horowhenua District Council [pdf, 8.3 MB]

   ...structure plan will guide subdivision and development within Tara-Ika area in order to achieve the above objectives and policies.  The resource consent process will provide opportunity for appropriate subdivision and development proposals that are not permitted, either because of non-compliance with environmental standards or because of the nature of the non-residential land uses.  Conditions on resource consents will control the effects of subdivision and development. Standards e...

6. COVID-19 Response (Further Management Measures) Legislation Bill – Ministry of Justice [pdf, 215 KB]

   ...as possible after the hearing closes. Schedule 9 - Fisheries LEGAL ADVICE LPA 01 01 24 17. Schedule 9 amends the Fisheries Act 1996 to provide the chief executive a discretion to cease the automatic suspension of commercial fishing permits when the total amount of deemed values owed by the commercial fisher includes an amount demanded under s 76 during 20 April 2020 and 30 September 2021, and to provide the ability for the chief executive and commercial fisher to enter into a...

7. [2022] NZEnvC 114 Mangawhai Harbour Restoration Society Inc v Northland Regional Council [pdf, 1.7 MB]

   ...[8] [9] 6 The core issues The matters largely come down to issues surrounding mangroves and their removal in particular. The following rules are still in contention between the parties: (a) Rule C.1.4.1 Mangrove seedling removal – permitted activity; (b) Rule C.1.4.2 Minor mangrove removal – permitted activity; (c) Rule C.1.4.3A Mangrove removal by the Department of Conservation – controlled activity; (d) Rule C.1.4.3 Mangrove removal – controlled activity;...

8. [2024] NZEnvC 082 NSK Farming Ltd v Canterbury Regional Council [pdf, 2.5 MB]

   ...Condition/Document Site Overview Plan CRC145237A Dam Block Plan CRC145237B Home Block Plan CRC145237C Matagouri Habitat Area CRC145237D Localised Water Quality Monitoring Sites CRC145237E Location of take 1. Water used for irrigation under this water permit shall be taken: a. From the storage dam authorised under resource consent CRC040988 (“Dam”); and b. Between 1 and 3 metres above the bed of the reservoir. Rate of take and annual volume 2. Water shall be taken a...

9. [2020] NZEnvC 169 The Otway Oasis Society Incorporated v Waikato Regional Council.pdf [pdf, 4 MB]

   ...consent as a non-complying activity. [3] The appeal is set down for hearing in Hamilton on the week of 23 November 2020. The parties have requested the Court to determine the following question prior to hearing, namely: Whether a future dwelling (a permitted activity under the Matamata-Piako District Plan) located on Lot 2 DP419964 at Wiseman Road owned by the Slatterys should be considered as part of the environment for the purposes of the assessment of effects of the Applicant...

10. Fish & Game – Supplementary – B Farrell – Planning (23 March 2021) [pdf, 246 KB]

    ...Regional Council have statutory functions to protect these. Non-regulatory methods can be applied, in the interim, to implement these functions. «MatterNo» | 5861084v1 page 3 9 In order to maintain the status quo, at least for deemed permits, I understand it will be necessary for existing priorities to be rolled over. There is no reason why existing priorities cannot be introduced as matters of control (as imposing conditions of consent would satisfy the requirements o...