Search Results

1. 2021-07-06 ORC - Position on Objective, CWS & Hydro - amended [pdf, 252 KB]

   ...hydro-electricity generation associated with the Waipori and Deep Stream Hydroelectric Power Schemes identified in Schedule 10A.5.2 and the application includes: (a) A consent expiry date no later than 31 December 2035; and (b) An assessment of any environmental effects associated with a duration period exceeding six years. 10A.2.3 Irrespective of any other policies in this Plan concerning consent duration, avoid granting resource consents that replace deemed permits, or resource cons...

2. 2021-07-28 OWRUG - Legal submissions in relation to the pORPS [pdf, 121 KB]

   ...integrated management and partnership with Kai Tahu3, to be achieved through the intended Land and Water 4 PP-1035600-2-579-V1 Regional Plan. The cost of that trade-off is not evaluated either in terms of policy consistency or in environmental terms. 14. Mr Twose makes a related point in his paragraph 9 where he acknowledges that PC7 is processed-based and so does not “give full effect to the new policy direction in the pORPS as it lacks a policy framework tha...

3. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

   ...designer, together with interest. The designer counterclaims $12,000.00, comprising $4,657.50 for partial completion (75%) of stage 3, $2,530.00 for the cost of paying a third party for the resource consent work (namely, preparation of an Assessment of Environmental Effects (AEE) report), $3,000.00 for legal costs and time spent on the dispute, and interest. 3. The issues to be determined are: a) What was agreed regarding payment for structural design and Council fees? b) Was either p...

4. [2022] NZEnvC 222 Nelson-Marlborough Fish and Game Council v Marlborough District Council [pdf, 431 KB]

   ...exacerbating those adverse effects. The policy will primarily be implemented through the zoning of land and the scale/intensity of activity that the zone rules enable. However, the policy can also be applied in a resource consent context when an assessment of environmental effects for the structure or work identifies a risk of land instability. This includes subdivision undertaken to enable more intensive use of the land. A safe and stable building platform will have to be established for t...

5. [2022] NZEnvC 222 Nelson-Marlborough Fish and Game Council v Marlborough District Council [pdf, 431 KB]

   ...exacerbating those adverse effects. The policy will primarily be implemented through the zoning of land and the scale/intensity of activity that the zone rules enable. However, the policy can also be applied in a resource consent context when an assessment of environmental effects for the structure or work identifies a risk of land instability. This includes subdivision undertaken to enable more intensive use of the land. A safe and stable building platform will have to be established for t...

6. [2022] NZEnvC 181 Whangarei District Council v Gorbatchev [pdf, 212 KB]

   ...are a reasonable response. In particular, the making of an order under s 315 of the Act is appropriate given the previous compliance concerns and reinstatement of the activity. Quite simply the activity appears contrary to the plan and has environmental and health impacts as asserted in Ms Martin’s affidavit. The further orders are justified if [6] [7] [8] [9] [1 O] [11] [12] 6 these assertions are correct. Given the agreement I assume they are not in dispute...

7. [2023] NZEnvC 085 Westgate Town Centre (2017) Limited v Auckland Council [pdf, 357 KB]

   ...and NZRPG as they relate to the Westgate Town Centre. (b) The Project does not have the requisite Resource Management Act 1991 approvals in place, and is likely to be delayed as those approvals go through due process. (c) The Assessment of Environmental Effects lodged dated 7 December 2022 in support of the Notice of Requirement and Application for Resource Consents specifies that not all of the land the Objector has an interest in is required for the Project, as there is a &q...

8. OIA-104168.pdf [pdf, 1.2 MB]

   ...1,401 1,405 1,269 1,031 913 874 681 1 0: Illicit drug offences 1,884 1,69~ 1,510 1,632 1,548 1,531 1,336 1,193 1,073 11: Prohibited and regulated weapons and 684 549 '-- 616 656 611 632 588 646 533 explosives offences 12: Property damage and environmental 1,127 1 066 1,040 1,024 913 909 836 798 677 pollution 13: Public order offences 647 - 627 475 441 451 403 401 365 303 14: Traffic and vehicle regulatory offences 10,677 9,791 8,778 8,581 8,797 8,252 8,1 19 7,045 7,032 15: Offence...

9. 2023-09-26-SOE_Jon-Williamson_Hydrogeology-and-Groundwater.pdf [pdf, 216 KB]

   ...including description of the construction methodology and ultimate design, that addresses: (a) Groundwater system and dynamics; (b) Extend and duration of groundwater interactions; (c) Potential effects on other parties; and (d) Assessment of environmental effects including both short term and long term. [19] These requirements have not been incorporated into the Waka Kotahi conditions. [20] I remain of the opinion that this information and certification process is necessary...

10. [2024] NZEnvC 121 Queenstown Lakes District Council v Silver Creek Limited [pdf, 330 KB]

    ...notices and two infringement notices. It should not have been necessary to seek interim enforcement orders. QLDC was put to the cost and expense of having to obtain an interim enforcement order from the court in order to compel SCL to meet their environmental obligations. [21] Having regard to the history of non-compliance and that QLDC acted based on their duty, I consider that a higher than standard costs award is justified. I agree with QLDC that SCL’s prompt response to the...