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  1. [2021] NZEnvC 195 Canyon Vineyard Limited v Central Otago District Council [pdf, 913 KB]

    ...However, the further scenario is where no costs are awarded at all. This would normally be the position in relation to plan appeals under Schedule 1 or in cases where some aspect of the public interest counts against an award of costs being made. Environmental Protection Authority v BW Offshore Singapore Pte Ltd12 [16] After Bendigo's application was lodged with the court, the court became aware of a High Court decision of Environmental Protection Attthoriry v BW Offi'hore...

  2. 2022-02-11 Statement of Evidence of Dean Whaanga dated 11 February 2022 [pdf, 183 KB]

    ...Waihōpai Rūnaka, Te Rūnanga Ōraka Aparima and Te Rūnanga o Awarua. See also my evidence on the primary sector provisions of PC8 dated 17 September 2021. 4 Te Tangi a Tauira – the Cry of the People: Ngāi Tahu ki Murihiku Natural Resources and Environmental Management Plan 2008. 5 environment in as good or even better condition than it was when we inherited it from those who came before us. 19 Ngāi Tahu ki Murihiku have been working with the fundamental concept of Te Man...

  3. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

    ...has jurisdiction to make the amendments. 6 Section 149E(1) of the RMA provides that, when a matter is called in under section 142(2) and publicly notified under section 149C, any person may make a submission "about" the matter to the Environmental Protection Authority (EPA). 7 Submissions on PC1 must be in the prescribed form.3 The form requires a submitter to give details of the specific provisions of PC1 that the submission relates to, and to give precise details of th...

  4. [2024] NZEnvC 177 Connor-Kingi v Whangarei District Council [pdf, 278 KB]

    ...test as to whether substitution is appropriate hinges on whether the substitution is necessary or desirable. This is an issue of fact and degree in the specific context of any case. [26] Though not put before me, I note that the Assessment of Environmental Effects accompanying the application for resource consent describes the site as being within the rohe of Ngāti Kahu o Torongare.14 The Cultural Impact Assessment dated October 2022 was prepared on behalf of Te Parawhau Hapū....

  5. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

    ...to experts’ costs, counsel note that the second invoice from SLR consulting, for $3,395.67, does not pertain to work in relation to the enforcement orders and is for services rendered after the orders were made. They submit that the Davidson Environmental Limited invoice for $5,462.50 is for an affidavit having at best peripheral relevance. They challenge the relevance of the CKL invoice for $11,095.30 for “planning” as no affidavit of Mr Batchelor’s was produced in suppor...

  6. [2024] NZEnvC 261 Ngati Rarua Settlement Trust v Marlborough District Council [pdf, 428 KB]

    ...decline resource consent to construct and operate a 24-hour, 7-days a week self-service car wash facility at Horton Street, Blenheim. Resource consents were required under the proposed Marlborough Environment Plan (‘pMEP’) and the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (‘NESCS’). Specifically, the required consents were: (a) a discretionary activity consent for a vehicle orientated activity in the Busi...

  7. ENV-2016-AKL-000197 Adams v Auckland Council [pdf, 4.2 MB]

    ...amended and the reasons for your views. I oppose the specific provisions identified above I wish to have the provisions identified above amended: Yes 31/10/2013 The reasons for my views are: ' The Proposed Unitary Plan will have negative environmental outcomes, is ,overly regulative and overly prescriptive. The Proposed plan reduces environmental protection and reduces amenity. The plan is overly complex and cumbersome and its adminitsration will result in waste of resources...

  8. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science (5 Feb 2021) [pdf, 777 KB]

    ...nutrient losses to water, including Overseer analysis comparing nutrient losses from different irrigation types; and 13.3 Farm management practices that can mitigate the loss of nutrients from irrigated land. 13.4 I contacted a local farm and environmental consultant and read the evidence of sheep and beef farmers Anna and Ben Gillespie. These farmers are using the management practices that I outline in my evidence, in particular the science of soil monitoring and soil water...

  9. [2020] NZEnvC 157 Hawthenden Limited v Queenstown Lakes District Council.pdf [pdf, 2.5 MB]

    ...AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 157 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule of the Act HAWTHENDEN LIMITED (ENV-2018-CHC-55) UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-56) SEVEN ALBERT TOWN PROPERTY OWNERS (ENV-2018-CHC-095) JAMES COOPER (ENV-2018-CHC-144) ALLENBY FARMS LIMITED (ENV-2018-CHC-148) LAKE MCKAY LIMITED PARTNERSHIP (formerly LAKE...

  10. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

    ...assessing the efficiency and effectiveness of the provisions in achieving the objectives; and (iii) summarising the reasons for deciding on the provisions; and (c) contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal. (2) An assessment under subsection (l)(b)(ii) must- (a) identify and assess the benefits and costs of the environmental, economi...