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1. FFNZ - EiC - L Hume - Agricultural Science (5 Feb 2021) [pdf, 135 KB]

   ...and use of water, arising from factors such as sub-optimal performance of irrigation systems, reduced yield/production, or crop failure. 10. It has been found that, in an average year, about 65% of consented volume is used, where that volume is designed to provide 90% reliability (fully meet demand in 9 years out of 10)1. Therefore, averages of the actual volumes of water taken for irrigation each year, calculated as described in Schedule 10A.4.4, are likely to be insufficient t...

2. [2023] NZEnvC 122 Morrison v Dunedin City Council [pdf, 2.9 MB]

   ...(information brochure). 11. Earthworks for future development of the new lots will need to comply with the following or a further resource consent may be required: • All walls retaining over 1.5m, or a surcharge I slope, including terracing, require design, specification and supervision by appropriately qualified personls. • Where the long-term stability of other's land or structures may rely upon the continued stability of retaining works, the designer must confirm that the...

3. Southern Lakes Holdings Ltd – memo – proposed changes to PC7 (4 Feb 2021) [pdf, 153 KB]

   BEFORE THE ENVIRONMENTAL COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-2017 In the Matter of the Resource Management Act 1991 And a notice of motion under Section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And SOUTHERN LAKES HOLDINGS LTD Section 274 Party MEMORANDUM FOR SOUTHERN LAKES HOLDINGS LTD (SLH) SETTING OUT CHANGES PROPOSED TO PC7’S PROVISIONS...

4. [2023] NZEnvC 204 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3.5 MB]

   ...District Court Rules 2014, the application for a partial stay of proceeding is granted. The Council is directed to report to the court within five (5) working days of the final disposition of the High Court appeal. Appendix N [6] Appendix N: Farm Environmental Management Plan Requirements, is an important method to achieve the plan’s objectives and policies. The court’s findings to date on this method are set out in the Fifth,3 Sixth,4 and Eighth5 interim decisions. [7]...

5. 2017 Report of the Registrar of the Environment Court [pdf, 674 KB]

   ...term of up to 5 years on either a full or part time (75%) basis. Deputy Commissioners sit as required usually on the basis of their expertise. The Court’s functions are primarily to determine: • appeals in respect of resource consents, designations and abatement notices, • plan appeals in respect of the content of regional and district planning instruments, applications for enforcement orders, and • inquiries in respect of water conservation orders. The Court may...

6. ENV-2016-AKL-000277 Auckland Transport v KiwiRail Holdings Limited [pdf, 11 MB]

   ...ENV-2016-AKL- IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act AND IN THE MATTER of an appeal under section 157(1) of the LGATPA against a decision in relation to Designation 6303 BEnNEEN AUCKLAND AND TRANSPORT Appellant KIWIRAIL J-tOLDINGS LIMITED Respondent NOTICE OF APPEAL TO: The Registrar Environment Court AUCKLAND 1. Auckland Transport appeals against a decision of KiwiRail Holding...

7. ENVC paper Wuhan University China study tour 2015 [pdf, 587 KB]

   1 PRESENTATION TO STUDY TOUR DELEGATION FROM WUHAN UNIVERSITY, CHINA Principal Environment Judge L J Newhook, Environment Court of New Zealand. 19 August 2015. Causes of action in environmental cases, and procedural rules (Mr Cai’s Main Questions 1 and 2). Introduction: The place of the Environment Court in the New Zealand Court system. [1] The Court is a standalone specialist Court which has all the powers inherent in a Court of Record. The Court is no...

8. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ...the following Performance Standards are Controlled Activities: (a) proposed sites for any purpose other than for road, open space or a designation where a building platform is identified on the plan of subdivision. The building platform shall be designed to allow for development likely in the relevant Human Environment Rules. Assessment of Controlled Activity applications will be limited to the matters of design, location and construction and will be considered in accordance with As...

9. Appendix-5_Jonathan-Williamson_s87F-Report_Hydrogeology-and-Groundwater_28-April-2023.pdf [pdf, 607 KB]

   ...and key groundwater parameters for soakage devices, such as: (i) Design loading rate (m3/s); (ii) Depth to groundwater (m); (iii) Soil infiltration rate (mm/hr); and (iv) Shallow aquifer hydraulic conductivity (m/s). (b) Monitoring Plan, designed to confirm that groundwater mounding and consequent flooding of properties outside the designation area during operation of the consent is not occurring. Construction Effects on Groundwater Quality 51. Dr McConchie indicates that gr...

10. [2021] NZEnvC 036 Wood & Henton v Auckland Council [pdf, 9.8 MB]

    ...will serve the purpose of the Act. The second is whether prejudice arises from either allowing or disallowing the consent to commence. [11] The approach set out in Walker has been widely accepted by the Courts, including recently in Ngati Pikiao Environmental Society Inc v Bqy of Plenty Regional Cottncil (Ngiiti Pikiao).2 Grounds for the proposed orders3 [12] The Applicant submits, and the other parties agree, that the proposed orders for the immediate and partial commencement o...