Search Results

1. [2023] NZEnvC 051 Aratiatia Livestock Limited v Southland Regional Council [pdf, 4.2 MB]

   ...Aratiatia Livestock Ltd v Southland Regional Council [2022] NZEnvC 208 at 265 at [11]-[17]. 2 [2022] NZEnvC 265. 3 [2022] NZEnvC 265. 6 implemented and we have declined to approve the same.4 In those cases, conditions were proposed for rules permitting discharge of contaminants into water or into or onto land in circumstances which may result in that contaminant entering water. Mindful of the degraded state of many of Southland’s water bodies, in deciding to decline the re...

2. Waitangi Tribunal theme U - Land with All Woods and Waters [pdf, 1010 KB]

   ...next necessary to ask how the interests of an extractive economy can over- ride the interests of an indigenous people. During 1993 the Waikato Regional Council (Environment Waikato) received an application from Coeur Gold New Zealand Ltd for a water permit (930923) and a discharge permit (930924) for drilling at Waitekauri. The application was opposed 36. G M Thomson, The Naturalisation of Animals and Plants in New Zealand, Cambridge University Press, 1922, p 215 37. In the 1930s ca 95 perce...

3. [2019] NZEnvC171 Tokonui Developments Limited [pdf, 1.2 MB]

   ...Ngati Tukorehe4; • Any degradation to Pukeatua as it stands today would have significant adverse effects on the mauri of the maunga and the mana of Ngati Tukorehe5• [7] No party to the proceedings disputed the proposition thats 310(d) RMA permits the making of a declaration of the kind sought by TDL. Background [8] The background to the application is found in two affidavits and related documents filed in support of the application. The first of these was from Mr D J Kilsby�...

4. Puna - Taraakina C (2007) 192 Napier MB 32 (192 NA 32) [pdf, 5.7 MB]

   ...effected except by such other means as shall ensure that the land so acquired can be vested in the appropriate beneficiaries as Maori freehold land and be made subject to the trusts hereof. (ii) To subdivide To subdivide the land in any manner permitted by law into such subdivisions or parts as may seem expedient to them, and to bring applications before the Court for partition orders to allocate such allotments amongst the owners in accordance with their entitlement. (iii) To improv...

5. Trustees of Owhaoko C Trust v Karena - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) [pdf, 436 KB]

   ...In that interim decision, I referred to Mr Karena’s allegations as to whether the meeting was properly convened as follows: 11 [17] Mr Karena expressed concerns with the process. In particular he objected to the practice of non-owners being permitted speaking rights at meetings of owners. He considered that this conduct was contrary to the relevant regulations and the terms of trust. Mr Karena intimated that he did not support the process or the appointments.

6. [2020] NZEnvC 155 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.9 MB]

   ...Maw and M J Doesburg for the respondent Date of Decision: 21 September 2020 Date of Issue: 21 September 2020 INTERIM DECISION OF THE ENVIRONMENT COURT REASONS Introduction [1] Wilkins Farming Co Ltd has appealed the conditions of a water permit granted1 by the Southland Regional Council. 1 AUTH-20181529. WILKINS FARMING CO LTD v SRC - DECISION 2020 2 [2] While Wilkins has previously held a water permit to take and use water to irrigate 245 ha, 2 Wilkins had not applied...

7. 2021-04-20 Transcript (up to end of day 17) [pdf, 2.6 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...

8. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...Because the Defendant advised that he would not be attending the hearing and, indeed, did not; this prosecution has proceeded by way of formal proof. We are advised that the Defendant has handed back to the Registrar of the Authority his salespersons licence and has indicated he does not wish to take any further part in this prosecution. However, at the end of this decision we provide the defendant with a chance to make submissions about penalty. Background Information [4] At the t...

9. Robb v Complaints Assessment Committee [2017] NZREADT 39 [pdf, 198 KB]

   ...Mr Lemon had an association with a kiwifruit packhouse, MPAC. Mr Robb had never met Mr Lemon, and was not aware of his association with MPAC. [8] Mr Lemon asked for further information (as to what was actually for sale, and what variety of licences were included), and for a draft sale agreement that he could send to his solicitors. There was a discussion about the Stevensons’ price expectations. In later proceedings there was a dispute as to what was said. Mr Lemon said th...

10. [2023] NZEnvC 204 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3.5 MB]

    ...landowners/agents to Papatipu Rūnanga or their environmental agents be deleted. Amendment to Part C [32] The court has previously noted the interpretational issue concerning the production of farm management plans required under conditions of certain permitted activities and by Part 9A RMA and other relevant regulations. In essence, the issue is concerned with the timing of management plans under the two instruments. We said the court’s view on this issue is not required for...