Search Results

1. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

   ...for costs to be awarded in enforcement order proceedings. That is on the basis that if a party puts a local authority to the cost and expense of having to obtain an enforcement order from the Environment Court to compel that person to meet their environmental obligations, it is entirely appropriate that the person subject to the order should contribute to the local authority's costs of obtaining it. That is clearly the case in this instance. [22] Further, I am satisfied that th...

2. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

   ...following grounds: (a) the proceeding was entirely without merit, with the affidavit evidence in support not alleging any breach of the consent conditions for the goat farm operated by the First Respondent; (b) no evidence of any alleged adverse environmental effect was produced; (c) the proceedings were speculative, with the Applicants seeking further information from the First Respondents as to the number of goats on the farm rather than based on evidence of any effect; (d) th...

3. FFNZ - EiC - F Doolan-Noble - Rural Health (25 Jan 2021) [pdf, 203 KB]

   ...https://www.rasv.com.au/recharge-program/news-items/impact-of-chronic-stress-such-as-drought-on- farmers/ 4 Daghagh Yazd S, Wheeler SA, Zuo A. Key Risk Factors Affecting Farmers' Mental Health: A Systematic Review. International Journal of Environmental Research and Public Health. 2019;16(23):4849. Published 2019 Dec 2. doi:10.3390/ijerph16234849 5 Askew, Louise E.; Sherval, Meg; and McGuirk, Pauline M., "'Not just drought.' Drought, rural change and more: perspec...

4. [2019] NZEnvC 193 West Coast Regional Council v Westland District Council [pdf, 2.5 MB]

   ...around a realistic appraisal of time, Mr Ross submits that the final dates for achievement of the last two outstanding Key Milestones are 28 February 2020 and 27 March 2020 respectively, and this extension of time will not give rise to any adverse environmental effects (because the existing wastewater treatment plan remains in operation).11 [12] The court accepts that the District Council has significant interest in seeing this project reach completion as soon as possible and will d...

5. [2020] NZEnvC 007 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 293 KB]

   ...the court to consider the introduction of parties later in the proceedings, but this is controlled in terms of s 274 of the Act. Ms Shaw, most helpfully, has provided a list of the various matters that go to undue prejudice and quotes from Kapiti Environmental Action Incorporated -v- Kapiti Coast Counci/1. If for example, other parties already involved in proceedings had resolved the matters or advanced negotiations to resolve matters than the addition of a new party might be said t...

6. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   ...purchasers and/or subsequent owners of the Property. B: The order being to correct an error, there is no order as to costs. REASONS Introduction [1] This proceeding was originally initiated after the Auckland Council found a number of significant environmental issues at the rear of the property at 82 Wolverton Street, Avondale, Auckland (the Property), caused by earthworks undertaken by the owners, Mr and Mrs Banora, without resource consent. The Council applied for interim and...

7. 2021-07-30 ORC - Legal submissions - reply on pORPS [pdf, 132 KB]

   ...in the evidence of Mr De Pelsemaeker, the Council considers that potential conflicts in the application of the NPSFM and NPSUD are reconciled in the integrated management chapter of the pORPS, and the requirement that water only be used within environmental limits. 8 Submissions for the Territorial Authorities – pORPS at [22]. 9 See pORPS, LF-WAI-O1, LF-WAI-P1-P4. 4 Duration of water permits for community water supplies 12 The TAs submit that enabling w...

8. [2022] NZEnvC 072 Otago Regional Council v Armishaw [pdf, 229 KB]

   ...is sought and without holding a hearing. These provisions allow for the possibility that the need for action to deal with the contravention of the Act may be so urgent that the usual requirements for notice and a hearing could result in greater environmental damage. [13] The issue is whether such risk outweighs the general desirability of adherence to the usual procedure of the court and the principles of natural justice, including hearing both sides to a case before making an orde...

9. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...removal of trees, only to consider claims for damage as those claims arise. The Tribunal also does not have jurisdiction to consider the safety issues posed by the decaying camphor laurel tree according to a report CB produced from arboricultural and environmental consultants QC Limited. Referee: E Paton-Simpson Date: 26 August 2022 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented...

10. [2022] NZEnvC 139 Cossens v Queenstown Lakes District Council [pdf, 182 KB]

    ...so; 6.3 Section 320 is inappropriate tool in this case, and the Application seeks to fetter Council’s functions, powers and duties under Part 4 and schedule 1 of the Act, rather than attend to, and stop an act that would result in immediate environmental degradation. [14] In her written submissions for QLDC, Ms Davenport identifies s320(3)(a) and (b) as being of considerable importance to the court’s consideration of the application. She summarises that “orders cannot be ma...