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1. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...circumstances materially changed since Condition 10) was imposed such that it no longer achieves the lUvlA's sustainable management purpose? Yes 35 36 37 38 Opening submissions for the applicants, at [39], submissions for TDC, at (37]. Environmental Defence Socie(J1 Inc v The Ne1v Zealand King Salmon Co111pm!J' Ltd (2014] NZSC 38. Submissions for TDC at (30], (31]. Opening submissions for the applicants, at (36)-(41]. 20 If so, within the matters of restricted...

2. 2023-09-26-SOE_Mark-St-Clair_Planning.pdf [pdf, 337 KB]

   ...the lack of detail design in the current plans. [44] Noting the draft condition RSW1(g) in the Waka Kotahi conditions,21 Mr Farrant’s opinion is that provision of the plans to the Regional Councils for information only, could result in adverse environmental outcomes due to poor detailed design. Mr Farrant considers that condition RSW1(g) should be replaced with a condition requiring certification of the design of the stormwater treatment devices prior to construction. [45] Si...

3. ENV-2016-AKL-000185 Viaduct Harbour Holdings Limited v Auckland Council (scope) [pdf, 9.1 MB]

   ...residential enclave defined by Sub-Precinct C. (d) Lighter Quay comprises a mix of commercial and non-commercial activities including a hotel and serviced apartments (non-permanent accommodation), and apartments (permanent accommodation). (e) Any environmental effects arising from the change of use of an apartment to an office suite will be the same or similar in character, intensity and scale to the home occupation of an apartment by professional persons. (f) In any event...

4. [2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]

   ...and the efficiency and effectiveness of the provisions in achieving the objectives are assessed. There are further specifications for this approach to assessment, including in regard to:28 (a) identifying and assessing benefits and costs of the environmental, economic, social and cultural effects anticipated from the implementation of the provisions; and (b) if there is uncertain information on the subject matter of the provisions, assessment of the risks of acting or not acting....

5. 2021-03-11 ORC PC7 - Transcript (up to end of day 2 - 9 March 2021) [pdf, 1 MB]

   ...express the aspirations of communities and tangata whenua for each FMU, or part FMU. This will provide the foundation for freshwater management in the new land and 15 water regional plan (LWRP) and set the basis for identifying values, setting environmental outcomes and environmental flows and levels required by the NPSFM. The Council has committed to notifying a new land and water regional plan by 20 31 December 2023. The Council science team has created a number of dedica...

6. 2021-03-11 Transcript of 8-9 March 2021 - E&OE - not complete [pdf, 1 MB]

   ...express the aspirations of communities and tangata whenua for each FMU, or part FMU. This will provide the foundation for freshwater management in the new land and 15 water regional plan (LWRP) and set the basis for identifying values, setting environmental outcomes and environmental flows and levels required by the NPSFM. The Council has committed to notifying a new land and water regional plan by 20 31 December 2023. The Council science team has created a number of dedica...

7. ENV-2016-AKL-000xxx Man O'War Farm Limited v Auckland Council [pdf, 3.3 MB]

   ...subdivision for rural-residential uses). (iv) The provisions do not make it clear that the focus of rural lifestyle living is the Countryside Living zone. Alternative solution See Attachment A (b) The inclusion of provisions that allow for minimal environmental benefits to be accepted in exchange for rural-residential subdivision Reasons (i) The provisions would enable potentially inappropriate subdivision of the rural area with the minimal environmental gains. (ii) The provision...

8. [2021] NZEnvC 127 Kainga Ora v Whangarei District Council [pdf, 3 MB]

   ...district wide chapters. [53] The parties consider that the agreed provisions are the most efficient and effective option because: (a) The rule triggers and thresholds achieve an appropriate balance of enabling development while managing adverse environmental, social, economic and cultural effects; (b) The matters of discretion and activity statuses ensure that resource consent assessments will be focused on the relevant matters while still having the ability to request additiona...

9. [2023] NZEnvC 249 Bayswater Marina Berth-Holders Association Incorporated v Auckland Council [pdf, 3.9 MB]

   ...Control Guide for Land Disturbing Activities in the Auckland Region’; “LINZ” means Land Information New Zealand; “LMP” means Landscaping Maintenance Plan; “MMP” means the Maintenance Management Plan; “NES:F” means National Environmental Standard for Freshwater 2020; “NES:Soil” means National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011; “No-objection Covenants” means the land covenants to be registere...

10. [2015] NZEnvC 105 Opoutere Ratepayers and Residents' Association v Waikato Regional Council [pdf, 2.2 MB]

    ...and attached to it a number of documents and reports including: • a map of the area it proposed to be protected,9 • a copy of the Court of Appeal decision in 1989 referred to above, 10 • a report by Dr Dowding, II • an Assessment of Environmental Effects: Mangrove Seedling Control Wharekawa Harbour, July 2009 by Catherine Beard,12 • the Table from the Waikato Regional Coastal Policy Plan identifying Opoutere Sandspit and Wharekawa Harbour as an ASCV, 13 • Appendix...