Search Results

1. Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56) [pdf, 205 KB]

   ...several important structural deficiencies with at least one of the mandate contenders, that two of them possessed the mandate to represent the tribe on an interim basis in very specific contexts. Those contexts included fisheries allocations, environmental consultation responsibilities and the pursuit of Treaty claims. The short point is that on any s30 application the Court may consider a wide range of evidential matters in assessing mandate claims that can include the conduct of a...

2. Decision [2017] NZEnvC 57 (dated 20 April 2017) – Confidentiality Order [pdf, 331 KB]

   ...orders. To be clear, under s 282(2) of the RMA the sanction for contempt of court is a sentence of imprisonment for a period not exceeding three months or a fine not exceeding $1,000 for each offence. [19] The public's right to participate in environmental decision-making undergirds the effective administration of the Resource Management Act. Access to justice is enabled through the right to make a submission to a consent authority on a publicly notified application for resou...

3. 2020-10-28-Minute-re-PC-7.pdf [pdf, 209 KB]

   ...the plan change objectives against the higher order planning instruments, taking care to identify to what extent the plan change is to give effect to the same;3 (e) in line with s 44A RMA, review the plan change against any applicable National Environmental Standards; (f) address any linkages between the plan change provisions and the provisions of the operative Regional Plans; and (g) consider any amendment proposed by the parties and, giving reasons, either: (i) support the...

4. Powell v Savage - Lot 7A Parish of Matata (Oniao Marae) (2020) 246 Waiariki MB 265 (246 WAR 265) [pdf, 210 KB]

   ...submissions that the trustees had additional responsibilities to attend to during this period that included dealings with the Whakatāne District Council over wastewater issues, relations with the post settlement governance entity and matters concerning environmental related issues as they concern the trust beneficiaries. [15] The trustees also confirmed that they were to convene a further general meeting in February 2021 to continue the discussions over the marae development plan a...

5. 2020-10-28-Minute-re-PC-1-8.pdf [pdf, 211 KB]

   ...confidentiality orders or orders prohibiting or restricting publication. 3 These are any relevant National Policy Statement and Regional Policy Statements. 7 (e) in line with s 44A RMA, review the plan changes against any applicable National Environmental Standards; (f) address any linkages between the plan change provisions and the provisions of the operative Regional Plans; and (g) consider any amendment proposed by the parties and, giving reasons, either: (i) support...

6. [2018] NZEnvC 171 Genera Limited v Bay of Plenty Regional Council [pdf, 3.1 MB]

   ...party.1 [4] TMFAG says it is interested in the resource consent conditions relating to Genera's use of methyl bromide and wishes to ensure that stringent enforcement action and review of consent conditions is undertaken as additional safety and environmental mitigation measures are urgently needed. It says that the grounds of Genera's appeal lack merit as Genera needs to work with POTL to ensure that the abatement notice requirements and further mitigation measures are com...

7. [2022] NZEnvC 052 Greenacres Waiheke Limited v Auckland Council [pdf, 170 KB]

   ...remain of the view that the stay should continue until the replacement resource consent application has been determined because: (a) the steps being taken by the appellant to date to change the treatment processes on site are intended to improve environmental outcomes; (b) the continued operation of the organic waste treatment facility ensures the continued availability of an essential service to the residents and business of Waiheke Island, avoiding potential adverse public health and...

8. [2022] NZEnvC 071 Hamilton City Council v Global Metals Solutions Limited [pdf, 162 KB]

   ...DFC NZ Ltd v Biell?J11 and essentially codified in Rule 14.6 of the District Court Rules 2014, are: (a) where arguments are advanced that are without substance; 7 Taima Marine Limited v lf7aikato Regional Co1111cil [2006] NZRJ\iA 485 (HC). 8 Environmental Protection Alltho,ify v BW Offshore Singapore Pte Ud [2021] NZHC 2577 at [19]. 9 Foods!!iffs (Otago So11thla11d) Prope,ties Limited v Dunedin City Cot111cil (1996) 2 ELRNZ 138. 10 Environment Court Practice Note 2014, at clause 6....

9. [2022] NZEnvC 248 Greenacres Waiheke Limited v Auckland Council [pdf, 196 KB]

   ...remain of the view that the stay should continue until the replacement resource consent application has been determined because: (a) the steps being taken by the appellant to date to change the treatment processes on site are intended to improve environmental outcomes; (b) the continued operation of the organic waste treatment facility ensures the continued availability of an essential service to the residents and businesses of Waiheke Island, avoiding potential adverse public heal...

10. [2022] NZEnvC 151 Greenacres Waiheke Limited v Auckland Council [pdf, 131 KB]

    ...improvements to the treatment of organic waste at 1 Fisher Road, Waiheke Island and that application is being processed by the respondent; the steps being taken by the appellant to date to change the treatment processes on site are intended to improve environmental outcomes; (b) the continued operation of the organic waste treatment facility ensures the continued availability of an essential service to the residents and businesses of W aiheke Island, avoiding potential adverse public he...