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1. Memorandum of Counsel for Guardians of the Bays Incorporated 7 February 2017 [pdf, 176 KB]

   ...originally proposed by WIAL) is premature; will not assist in narrowing the issues at that stage; and will be an inefficient use of resources (which are limited to GOTB, HtT, and SPS, if not other submitters). 3.2 Reasons for this include that the Environmental Legal Assistance (ELA) panel is not expected to make its decision until approximately 1 March 2017 (being six weeks following the application date of 17 January 2017). Any parties awaiting the result of the ELA funding...

2. South Waikato District Council.pdf [pdf, 239 KB]

   ...Appellant inappropriately conflates Biodiversity Offsetting under the Department of Conservation guidelines which draws from the Business and Biodiversity Offsets Programme (“BBOP”) with the offsetting of nutrients. (c) Use of the term ‘net environmental benefit’ is not appropriate as offsetting should relate to the reduction of the relevant diffuse discharges of the four contaminants that are within the scope of PC1. (d) There is no scientific or evidential basis for...

3. [2022] NZEnvC 096 Canterbury Regional Council v MacLee Holdings Ltd [pdf, 202 KB]

   ...timetable, and acknowledges that she did not appreciate what would be involved in terms of compliance with the orders.7 However, she explains that she has recently taken steps to correct the situation by entering into a contract with Sephira Environmental Limited, a specialist environmental consultant firm with expertise in contaminated site remediation.8 Sephira has advised Ms Bullock that four 6 Affidavit of L M Bullock, dated 7 June 2022 at [6]. 7 Affidavit of L M Bullock,...

4. [2021] NZEnvC 166 W North Limited v Greater Wellington Regional Council [pdf, 166 KB]

   ...Max Curnow, who is an enforcement officer for the Council. As the Appellant notes, in considering whether the area in question might be a wetland, Mr Curnow referred to the definitions within the Proposed Natural Resources Plan and the National Environmental Standards for Freshwater. Neither of those documents were in force at the time the resource consent was granted in 2017. [4] On 28 June 2021, the Appellant was served with an Abatement Notice issued under s322 of the Resource Ma...

5. [2021] NZEnvC 166 W North Limited v Greater Wellington Regional Council [pdf, 166 KB]

   ...Max Curnow, who is an enforcement officer for the Council. As the Appellant notes, in considering whether the area in question might be a wetland, Mr Curnow referred to the definitions within the Proposed Natural Resources Plan and the National Environmental Standards for Freshwater. Neither of those documents were in force at the time the resource consent was granted in 2017. [4] On 28 June 2021, the Appellant was served with an Abatement Notice issued under s322 of the Resource Ma...

6. 2021-07-28 TAs - Legal submissions in relation to the pORPS [pdf, 133 KB]

   ...than the PORPS 2019 particularly where community water supplies are concerned. RelevanceT Coherence 10. The Environment Court in Bunnings v Queenstown Lakes District Council7, observed a coherent set of policies designed to achieve clear environmental outcomes was a useful indicator of the weight to be placed on a proposed plan.8 4 Proposed Otago Regional Policy Statement 2021 (pORPS), Foreword or Mihi. 5 [1995] NZRMA 241. 6 Lee v Auckland City Council [1995] NZRMA 241 at...

7. 2022-06-30 ORC PC7 - [2022] NZEnvC 118 - Costs Decision [pdf, 208 KB]

   ...expenses (in full) would not be reasonable in this case. [9] The Environment Court is part of a wider civil justice system, and should take into account more general principles that have been developed by the courts when they are relevant; per Environmental Protection Agency v BW Offshore Singapore Pte 2 Ministerial Direction of David Parker (Minister for the Environment) to refer the Otago Regional Council’s proposed Plan Change 7 – Water Permits to its Regional Plan to the Env...

8. [2022] NZEnvC 118 Otago Regional Council [pdf, 218 KB]

   ...expenses (in full) would not be reasonable in this case. [9] The Environment Court is part of a wider civil justice system, and should take into account more general principles that have been developed by the courts when they are relevant; per Environmental Protection Agency v BW Offshore Singapore Pte 2 Ministerial Direction of David Parker (Minister for the Environment) to refer the Otago Regional Council’s proposed Plan Change 7 – Water Permits to its Regional Plan to the Env...

9. Transcript (week 6 Cromwell) [pdf, 2.8 MB]

   ...we’ve got 394 hectares of land there. We’re running a dairy finishing and beef finishing unit so we’re 100% cattle and we’ve got 230, or 224 hectares of spray irrigation. 10 Q. Thank you. And I understand that in 2020 you received an environmental award. Can you explain what that was about? A. In 2020 we were the Balanced Farm Environment Awards Otago Supreme Winners along with the Soil Management Award from Balance and the Waterwise Award from Water Force, thank you. 1...

10. 2021-05-18 Transcript (up until end of day 28 - 14.05.2021) [pdf, 2.9 MB]

    ...we’ve got 394 hectares of land there. We’re running a dairy finishing and beef finishing unit so we’re 100% cattle and we’ve got 230, or 224 hectares of spray irrigation. 10 Q. Thank you. And I understand that in 2020 you received an environmental award. Can you explain what that was about? A. In 2020 we were the Balanced Farm Environment Awards Otago Supreme Winners along with the Soil Management Award from Balance and the Waterwise Award from Water Force, thank you. 1...