Search Results

1. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

   ...required of it. This was prepared by its senior policy planner Mr BR Baker. Requirements of the RMA [16) Relevant requirements of the Act are recorded below (non-exclusively). [17) Section 7 4(1) filv1A requires that a proposed plan should be designed to accord with and assist the territorial authority to carry out its functions so as to achieve the purpose of the Act. [18] Section 75(1) RMA requires a district plan to state the objectives, the policies to implement the objectiv...

2. [2017] NZEnvC 157 Speedys Road Hydro Limited v Waikato Regional Council [pdf, 497 KB]

   ...shall be no conspicuous oil, grease, scums or foams present within the Tawarau River as a result of the exercise of this consent. 7. There shall be no increase in temperature as a result of this discharge following reasonable mixing. Discharge Design 8. Prior to the exercise of this consent the consent holder shall provide "as built" plans of the discharge structure and energy dissipating devices. APPENDIX A 10. Any erosion control works that become necessary as a resu...

3. [2018] NZEnvC 085 Glencoe Land (Joint Venture) Limited v Queenstown Lakes District Council [pdf, 6.5 MB]

   ...Tribunal wrote4 : We hold that it is the original application and any documents incorporated in it by reference which defines the scope of the consent authority's jurisdiction. In appropriate cases, where consistent with fairness, amendments to design and other details of an application may be made up to the close of a hearing. However, they are only permissible if they are within the scope defined by the original application. If they go beyond that scope by increasing the scat...

4. [2018] NZEnvC 187 Calcutta Farms Limited v Matamata-Piako District Council [pdf, 2.6 MB]

   ...sets out my reasons for reaching that conclusion. Background [4] PC47 is part of a rolling District Plan Review process that is being undertaken by the Council as an alternative to the single stage full District Plan Review. It is specifically designed to address the planning controls and the extent of zoning for Matamata, Morrinsville and Te Aroha in relation to the provision of housing, new business and industrial activities. [5] Section 79 of the Resource Management Act 1991 (R...

5. [2024] NZEnvC 274 Department of Corrections v New Plymouth District Council [pdf, 734 KB]

   ...appellant refer to that provision or matter in their submission (bearing in mind that this can be a primary submission or a cross-submission)? [22] The High Court in Option 5 Inc v Marlborough District Council found that:3 Clause 14 of Schedule 1 is designed to limit appeal rights from proposed plans (here a variation). Where the appellant has referred to the matter or provision in their submissions then they may challenge the local authority decision by appeal to the Environment...

6. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...which would very likely reduce takes authorised under PC7. For example, the proposed assessment period coincides with a period of major (up to two years) remediation outages at the Beaumont water race.80 (c) Hydro schemes are long term assets designed and maintained to operate for significant periods. Design parameters and capacities, including of water races, are given no consideration by PC7. Changes in take volumes can materially impact on the operation and efficiencies of the...

7. [2018] NZEnvC 244 Director-General of Conservation v Thames-Coromandel District Council [pdf, 1.2 MB]

   ...implementation of the provisions, including for economic growth and employment; and (iii) Summarising the reasons for deciding on the [preferred] provisions. (c) Assume a level of detail that corresponds with the scale and significance of the effects (environmental, economic, social and cultural) anticipated from implementation of the proposal. (d) Consider the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions. [...

8. [2022] NZEnvC 220 Chen v New Zealand Transport Agency - Waka Kotahi [pdf, 662 KB]

   ...________________________________________________________________________________________ DECISION OF THE ENVIRONMENT COURT ________________________________________________________________________________________ A: The proposed alteration to designation 6766 in the Auckland Unitary Plan is confirmed. B: Costs are reserved. 2 REASONS Introduction This is an appeal against the decision of a requiring authority in relation to proposed road works on private land. The New Z...

9. ENVC Hearing 6Oct14 AC evidence chief Nicole Bremner [pdf, 568 KB]

   ...for vehicles, cyclists and pedestrians. 2. By reducing conflicts between vehicles, pedestrians and cyclists around key community focal points, such as wharves, commercial centres, schools and other public facilities. 3. By requiring a low impact design approach for new roads. 4. By continuing the council's programme for legalising roads. 5. By adopting and applying a functional road classification to roads on Waiheke to control access at specified locations. 6. By discoura...

10. Ngāi Tahu Ki Murihiku - EiC - Maria Bartlett - Rights and interests (5 Feb 2021) [PDF, 898 KB]

    ...represent ngā Papatipu Rūnanga, Ngāi Tahu ki Murihiku, in Resource Management Act 1991 (RMA) processes and interact with other legislation and relevant authorities within the takiwā of Murihiku. 3. I have worked for 20 years in the field of environmental and resource management, including 10 years (2001 to 2011) as a resource consents processing officer for Canterbury Regional Council (Environment Canterbury) and 10 years in various roles as an environmental advisor or poli...