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1. Submissions on behalf of Guardians of the Bays Incorporated (dated 13 April 2018) [pdf, 136 KB]

   ...The very fact of the ongoing proceedings is prejudicial to at least some of GotB and ThT members, the latter more particularly so given the implications for Moa Point residents. While property value is not normally “double counted” on top of environmental effects in the substantive consideration of an application, the depressive effect of an uncertain application on hold indefinitely (or so it might seem) is relevant to the question of prejudice in allowing further delays. Anxi...

2. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...Tiriti o Waitangi claims. The Cumulative Effects on Te Waitemata 31. Te Waitemata and the surrounding areas have been significantly modified by past activities and activities that are currently permitted within the area. 32. We do not have an environmental bottom line or isolated assessments of the effect of particular activities. The mauri of Te Waitemata and the surrounding areas cannot be fragmentised or compartmentalised into certain eras. The cumulative effect of past and...

3. Taueki v McMillan - Horowhenua 11 (Lake) Māori Reservation (2004) 148 Aotea MB 27 (148 AOT 27) [pdf, 642 KB]

   ...usual with most Maori reservations, a range of skills is required to fulfil the obligations that the office of trustee imposes. The fact that this reservation is of cultural and historical significance to the wider iwi of Muaupoko, has undoubted environmental and conservation features and remains a prominent local landmark underscores the need for particular expertise. But before that occurs, the role of the present incumbents must be examined. Having reviewed the evidence and considere...

4. [2018] NZEnvC 145 Federated Farmers of New Zealand Limited v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...Preserve Holdings Limited (notice of appeal, s274 notice); (b) Glendhu Bay Trustees Limited (s274 notice); (c) Halfway Bay Lands Limited (notice of appeal);'° (b) Mt Christina Limited (notice of appeal, s274 notice); and (e) Upper Clutha Environmental Society Incorporated (notice of appeal). Affidavit of I W Bayliss, dated 3 August 2018, at [28]. While HBLL says it does not oppose the strikeout, this is qualified in its memorandum dated 10 August 2018, with the statement that...

5. 2021-07-05 MFE- Closing Submissions [pdf, 551 KB]

   ...Court’s discussion with the panel last week there appeared to be concern that 10A.1.2(b) (Version A) was enabling an increase in the scale and duration of take, even with the rider that this should only occur where the risk of additional adverse environmental effects was low. Ms Dicey discussed possible amendments to the Objective to meet this concern. A revised Objective as described by Ms Dicey, and reviewed by Mr Ensor, could be: 10.A.1.2 Enable activities authorised by dee...

6. [2022] NZEnvC 152 Ngai Taiwhakaea v Whakatane District Council [pdf, 301 KB]

   ...to explore the possibility of settlement where compromise could have been reasonably expected; and 10 DFC NZ Ltd v Bielby [1991] 1 NZLR 587. [11] 6 (e) where a party takes a technical or unmeritorious point. The High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd11 signalled a potential departure from the Bielby factors in favour of the High Court costs principles. However, this Court has identified concerns with the approach in BW Of...

7. 2021-06-29 - ORC - MOC - Submissions in relation to the Vires of Proposed Amendments regarding Priorities [pdf, 183 KB]

   ...condition in a resource consent unless: (a) The applicant for consent agrees to the condition; (b) The condition is directly connected to an adverse effect of the activity on the environment, or an applicable district or regional rule or national environmental standard; or (c) The condition relates to administrative matters that are essential for the efficient implementation of the relevant resource consent. 15 In this case, the condition is directly connected to a regional rule...

8. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...the right to reject goods under the CGA shall not apply if the right is not exercised within a reasonable time over a period after supply of the goods when it would be reasonable to expect any defect to become apparent. 21. Given the significant environmental impact of Cyclone Gabrielle on the [Town] region, which included landslides, heavy silt, issues with accessing properties and having to keep items safe during all this, I find it was not unreasonable for MK to assess the delivery...

9. BORA Subordinate Legislation Confirmation Bill (No 2) [pdf, 130 KB]

   ...otherwise, by virtue of the Act under which it is made, be revoked at a stated time. The Bill confirms regulations and orders that were made in the year ending 30 June 2018 under the following Acts: a. Animal Products Act 1999; b. Antarctica (Environmental Protection) Act 1994; c. Biosecurity Act 1993; d. Commodity Levies Act 1990; e. Customs and Excise Act 1996; f. New Zealand Superannuation and Retirement Income Act 2001; and g. Social Security Act 1964. 3. For the purpo...

10. ALSCO NZ Limited 222 [pdf, 123 KB]

    ... that:     (a) the   Ambient   Air   Quality   Standards   (“AAAQS”)   impose   greater   restrictions   on   activities   than   what   is   provided   for   in   the   National   Environmental   Standard  for  Air  Quality;   (b) the  imposition  of  those  higher  standards  does  not  promote  the  purpose  of   the  RMA;   (c) there  is  no  justificatio...