Search Results

1. [2023] NZEnvC 155 Genesis Energy Limited v Waikato District Council [pdf, 413 KB]

   ...acoustic experts agreed that it was appropriate to have a reduced internal design sound level for bedrooms to account for the need for quieter noise conditions to facilitate sleep at night. This approach aligns with both NZS 6802:2008 Acoustics - Environmental Noise and international guidance on this matter; (b) applying a one-hour time basis for measuring internal design sound levels ensures the rule is clear to understand and simple to demonstrate 6 compliance with. It is al...

2. [2023] NZEnvC 138 McCallum Bros Limited v Auckland Council [pdf, 2.1 MB]

   Pakiri Sands IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 138 IN THE MATTER OF appeal under s 120 of the Resource Management Act 1991 BETWEEN MCCALLUM BROS LIMITED (ENV-2022-AKL-121) (ENV-2022-AKL-220) Appellant/Applicant AND AUCKLAND COUNCIL Respondent AND PAKIRI G AHU WHENUA TRUST (and others set out in Annexure C) Section 274 parties Court: Judge J A Smith Judge A H C Warren Commission

3. [2021] NZEnvC 034 Coneburn Preserve Holdings Limited v Queenstown Lakes District Council [pdf, 3.9 MB]

   ...expert conferencing with a number of appeal points being settled and withdrawn. Evidence was filed and pre-circulated as follows: Ms V Jones Planning, dated 7 August 2020 QLDC Ms B Gilbert Landscape, dated 7 August 2020 Nlr G Falconer Urban design, dated 7 August 2020 Nlr C Ferguson Planning, dated 8 July 2020 and rebuttal dated 15 September 2020 Jacks Ms Y Pfluger Landscape, dated 8 July 2020 Point "tvlrJ Darby Director of Jacks Point, dated 8 July 2020 Nlr R Brabant...

4. 2023-09-26-SOE_Michaela-Stout_Water-Abstraction.pdf [pdf, 240 KB]

   ...meet Horizons’ minimum requirements for the measuring and reporting of water takes. [20] Notably, the proposed conditions do not include installation and maintenance standards for water meters, data loggers, and telemetry units that Horizons environmental data staff have deemed necessary to support robust compliance monitoring. Therefore, in my view, the proposed conditions do not support robust compliance monitoring processes. [21] I understand that Horizons’ standard condit...

5. Final Env-Reg-Report-2023-24 [pdf, 448 KB]

   ...Commissioner Prime’s services to Aotearoa New Zealand have been recognised by many prestigious awards. In his time with the Court, he has conducted and resolved many cases through mediation and sat on many cases of significance adding greatly to environmental jurisprudence. Commissioner Prime is highly regarded by all staff and judicial officers within the Environment Court and his work with the Court over the past 20 years leaves a rich legacy. There were no new Environment Comm...

6. Environment Court annual review 2014 [pdf, 3 MB]

   ...functions are largely carried out by case managers and hearing managers, together with legal and research support through in-house counsel. Many of the case and hearing managers are legally qualified graduates with particular skills and interest in environmental law. The Court has a Judicial Resources Manager who coordinates the court's sitting programme under direction from the Principal Environment Judge exercising administrative functions under s251 (2) RMA. Surveys of par...

7. [2020] NZEnvC 174 Hamilton City Council v Global Metal Solutions Limited.pdf [pdf, 3.7 MB]

   ...from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court,- (i) contravenes or is likely to contravene this Act, any regulations, a rule in a plan, a rule in a proposed plan, a requirement for a designation or for a heritage order, or a resource consent, section 1 O (certain existing uses protected), or section 20A (certain existing lawful activities allowed); or (ii) is or is likely to be noxious, dangerous, offensive, or objectionabl...

8. [2022] NZEnvC 086 Smith & Silk v Christchurch City Council [pdf, 6 MB]

   ...under RD2 of Rule 5.4.6.2 (for new dwellings within the Residential Unit Overlay) are matters of relevance to this activ ity. These are: a. The Council's discretion is limited to the following matters: i. Setting of minimum floor levels. ii. Design of buildings. iii. Mitigation of the effects of flooding. iv Level of intensification. v. Safe ingress and egress. vi. Reducing the risk to people's safety, wellbeing and property resulting from the development. b. These restrict...

9. ENV-2016-AKL-000204 Davies Kahlberg Family Trust v Auckland Council [pdf, 3 MB]

   ...Production Zone, Rural – (a) Mixed Rural Zone and Rural – Rural Coastal Zone for a range of rural production activities; and providing for the transfer of titles to certain Rural – Countryside Living Zones. (b) Require subdivisions to be designed to retain, protect or enhance features (4) including those in the Historic Heritage Places Overlay and Sites and Places of Significance to Mana Whenua Overlay, or otherwise remedy adverse effects. Provide for subdivision around existin...

10. ENVC Matiatia party corresp costs Direction Matiatia Ltd 201601 [pdf, 316 KB]

    ...Preliminary Advice; filing of s 274 notice; (b) Preparation for First Hearing; (c) First Hearing; (d) Second Hearing (‘out of scope’ motion); (e) Third Hearing. 4. DMI advises that payment of these costs was supplemented by a grant of Environmental Legal Aid of $40,000 in July 2015. The balance of the costs ($374,218.07) have all been paid from the concerted fundraising efforts of DMI resulting in donations from a multitude of Waiheke (and Auckland) residents over the cou...