Search Results

1. [2019] NZEnvC 142 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 1.5 MB]

   ...District's of people and communities may be challenged if the District's economic base lacks diversification. Strategic Issue 3: High growth rates can challenge the qualities that people value in their communities. Strategic Issue 5: The design of developments and environments can either promote or weaken safety, health and social, economic and cultural wellbeing. Strategic Issue 6: Tangata Whenua status and values require recognition in the District Plan. 3.18 3...

2. [2020] NZEnvC 156 Darby Planning Limited Partnership v Queenstown Lakes District Council.pdf [pdf, 833 KB]

   ...(Section 4. 8), which still applies as a relevant district wide objective to Volume B zones. • Affordable and Community Housing Objective 1 and Policies 1.1 - 1.3 (Section 4.10}, which still applies to both Volume A and B zones. e. There is one designations chapter in the District Plan. f The Volume A Heritage Chapter 26 includes listed heritage items. Some of these are located over Volume B land, and therefore Volume A District Wide Chapter 26 applies over Volume B land. g. The pl...

3. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]

   ...(whether she told CTL her intended use or not). Points raised by CTL about the siting of the cabin are also irrelevant given the finding that it is the construction of the cabin that has led to the failure of guarantee, not its location or other environmental factors. CI0301_CIV_DCDT_Order Page 3 of 4 10. It follows that as the cabin is not weather proof and water tight it is also not fit for purpose, so it does not comply with the CGA guarantees and Ms S is entitled to a remed...

4. [2021] NZEnvC 130 City Rail Link Limited [pdf, 304 KB]

   ...sought on the following grounds: a) The above waivers and directions are intended to simplify the process of filing section 274 notices and to facilitate electronic case management, reducing the burden for submitters. b) As an additional environmental benefit, the waivers and directions sought in paragraph 5 above would minimise the quantities of paper which would otherwise be generated by strict compliance with section 274 and Form 33. c) It is anticipated that the waive...

5. [2023] NZEnvC 005 Marsden City Limited Partnership v Whangarei District Council [pdf, 2.5 MB]

   Marsden City Limited Partnership & others v Whangārei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 005 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 relating to Private Plan Change 150 to the Whangārei District Plan BETWEEN MARSDEN CITY LIMITED PARTNERSHIP (through its general partner MARSDEN CITY DEVELOPMENT LIMITED) (ENV-2022-

6. ENV-2016-AKL-000248 Terra Nova Planning v Auckland Council [pdf, 1.3 MB]

   ...residential site size is the protected area plus the specified building area. 5. Access and frontage a. Each site must have a coastal access. Up to five sites may gain frontage over a jointly owned access site, or right of way at least 6m wide. 6. Design a. If more than 5 rural residential sites are created, they must be clustered in one or more groups. b. Each group must share an access to a road or wharf. Submission to Proposed Auckland Unitary Plan: Terra Nova Planning Ltd P...

7. [2021] NZEnvC 186 Wallace v Waikato District Council [pdf, 193 KB]

   ...remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with— (a) any of sections 10, 10A, 10B, and 20A; or (b) a national environmental standard, a rule, a resource consent, or a designation. … Section 17 of the Act imposes a duty on every person that carries out an activity to avoid, remedy or mitigate any adverse effect on the environment. The Counci...

8. [2024] NZEnvC 210 Ratcliffe Family Trust v Hamilton City Council [pdf, 149 KB]

   ...contended that: (a) The Appellant is a person as defined under the RMA, being a body of persons whether corporate or unincorporated, and that the Council has jurisdiction under the RMA having been charged with enforcing the observance of national environmental standards (see s 44A(8)); (b) It responded to an adverse event requiring immediate preventive and remedial measures to be undertaken; (c) The follow-on provision contained in s 330A does not apply. The Appellant was preven...

9. Environment Court annual report 2007 [pdf, 514 KB]

   ...alternate) judges and 18 Commissioners (inc. 4 deputies). Commissioners are appointed for a term of up to 5 years on either a full or 75% time basis. The Court’s functions are to determine, among other things, 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 also mak...

10. Powerpoint NZLS Workshop - HOW TO RUN A RESOURCE MANAGEMENT CASE [pdf, 815 KB]

    ...– Strongly embraced in the New Zealand Environment Court – Results in prompt and efficient resolution of cases, and cost efficiency • Judicial Conferences – Usually conducted by telephone at an appointed time, or in a courtroom – Designed to keep proceedings moving fairly and efficiently – May resemble an interlocutory hearing, but less formal • The Role of Expert Witnesses – The Court has high expectations concerning the quality of work by expert witnesses –...