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1. [2024] NZEnvC 188 Waitaki District Council [pdf, 279 KB]

   ...subdivision provision [18] The application for orders also applies to a new FUG overlay and associated rule classifying subdivision within the FUG overlay as a discretionary activity. WDC seeks orders so it has the discretion to ensure that the design of subdivision proposals does not give rise to long-term development patterns that are 18 Affidavit of Katrina Clark sworn 20 February 2024, at [30]. 19 Affidavit of Katrina Clark sworn 20 February 2024 at [15]. 20 Affidavit of...

2. Territorial Authorities - J Muir - Supplementary - 12 May 2021.pdf [pdf, 12 MB]

   ...Plan Change 7. As part of this CODC has committed to significant expenditure to consolidate and upgrade these supplies. In each case new water permits are to be sought because it is proposed to take water from new locations. WATER USE DATA AND DESIGN VOLUMES 6. The total annual volume abstracted, and the total annual volume metered to individual customers is provided in my evidence for each of the above supplies. The volume metered to individual customers is less than the volume...

3. 2021-11-26 ORC - MOC - re Urban provisions [pdf, 214 KB]

   ...stormwater reticulation system. As a result of mediation, the parties agreed to amendments to the policy as notified. The changes agreed primarily include changing the policy direction to “avoid” rather than “minimise” significant adverse environmental effects and minimise other adverse effects resulting from the discharge from any new stormwater reticulation system, or any extension to an existing stormwater 6 reticulation system. The changes agreed also include two ad...

4. [2023] NZEnvC 170 Liquigas Limited v Dunedin City Council [pdf, 3.4 MB]

   ...HSNO sub-classes 3.1.A-D (GHS category 1 - 4) liquid petroleum fuels in below ground tanks at service stations in accordance with the following codes of practice: &... 1 i. ii. Below Ground Stationary Container Systems for Petroleum - Design and Installation HSNOCOP 44, Environmental Protection Agency, May 2012; and Below Ground Stationary Container Systems for Petroleum - Operation HSNOCOP 45, Environmental Protection Agency May 2012: {The Oil Companies appeal point 350}...

5. ENVC Hearing 6Oct14 WML rebuttal Maxwell Dunn [pdf, 5.2 MB]

   ...responding to evidence of one or more of those witnesses and/or the joint witness statements. The issues are: (a) Activity status of the applications; (b) Bundling of the applications; (c) Non-complying activity gateway test; (d) The environmental effects of the proposals still under contention by expert witnesses and matters expected to be addressed through consent conditions; 2 (e) The objectives and policies in the Auckland Regional Coastal Plan under contenti...

6. [2018] NZEnvC 096 Clevedon Protection Society 2017 Incorporated v Auckland Council [pdf, 31 MB]

   ...first limb of that test, that the matters listed below, collectively and individually, serve the purpose of the RMA and weigh strongly in favour of making the order sought. [33] For example, granting the order will: (a) ensure that the additional environmental controls in the consent (including the monitoring and reporting controls) come into force sooner than would otherwise be the case; (b) allow the CL~ to be established no~ and (c) allow Fulton Hogan to accelerate the develo...

7. [2022] NZEnvC 225 Inglis v Tasman District Council [pdf, 1.7 MB]

   ...impact of the scheme infrastructure, particularly where it iis located in close proximity to neighbouring dwellings and/or adjacent to the Takaka ;and Waingaro Rivers. Efforts to minimise effects include, but are not limited to: appropriate siting, design and appearance of all equipment (including any pipes, pump shed, power poles), planting of native screening vegetation and the adoption of recessive colours. Advice Note: The Consent Holder is responsible for ensuring compliance with t...

8. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...implementation through the appropriate planning instruments. This approach accords with the scheme of the Act, which envisages a cascade of planning documents, each intended to give effect to s 5, and to pt 2 more generally: per Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd. (Footnotes omitted) 34 In the case of PC8: (a) It is clear that the NPSFM 2020 must be given effect to. The High Court’s decision in Horticulture New Zealand v Manawatu...

9. 2019 Directory of Official Information P-R [pdf, 1.2 MB]

   ...section 3 of the Airport Authorities Act 1966. The Company operates Palmerston North Airport as a Certificated Airport pursuant to the Civil Aviation Rule Part 139 by virtue of an authority dated 29 September 2004. Palmerston North Airport is also designated tier two “Security Aerodrome” by the Minister of Transport by notice in the New Zealand Gazette (26 April 1996). The company is approved as a requiring authority under the Resource Management Act 1991 by the Minister for...

10. OWRUG - EiC - S Dicey - Planning (5 Feb 2021) [pdf, 1.5 MB]

    ...then PC7 is not the most appropriate option: 6. If an interim planning framework is necessary, PC7 is not the most appropriate option including because it fails to give effect to the NPSFM. including because it delays making improvements to environmental outcomes (including outcomes that are achievable through the reconsenting process under the RPW with direct reference to the NPSFM), is not cost effective and efficient, and is not coherent. It will result in adverse effects on...