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1. [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...

2. [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....

3. [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...

4. [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...

5. [2023] NZEnvC 042 The Bears Home Project Management Limited v Auckland Council [pdf, 240 KB]

   ...time to support the grown-in phase of the golf course. 20. The proposed reservoir construction and enabling works are subject to a range of consent conditions requiring the preparation of: (a) Lizard Management Plan; (b) Construction and Environmental Management Plan; (c) Erosion and Sediment Control Plan; (d) Erosion and Sediment Control Adaptive Management Plan; (e) Flocculation Management Plan; (f) Dust Management Plan; (g) Construction Traffic Management Plan; (h) L...

6. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...livelihood” lacked substance. This line of argument did not significantly increase the length of the hearing or the Council’s costs but was spurious. [21] With respect to the submission that the Appellants should not have advanced the question of environmental effects (on the basis that such effects would be considered in the resource consent hearing), I do not find this submission to be made out. In the absence of a stay while the resource consent was determined (which the...

7. [2018] NZEnvC 096 Clevedon Protection Society 2017 Incorporated v Auckland Council [pdf, 31 MB]

   ...first limb of that test, that the matters listed below, collectively and individually, serve the purpose of the RMA and weigh strongly in favour of making the order sought. [33] For example, granting the order will: (a) ensure that the additional environmental controls in the consent (including the monitoring and reporting controls) come into force sooner than would otherwise be the case; (b) allow the CL~ to be established no~ and (c) allow Fulton Hogan to accelerate the develo...

8. [2021] NZEnvC 010 Cabra Rural Developments Limited v Auckland Council [pdf, 11 MB]

   ...required which can be refused by the Council. This is particularly important when it comes to in-situ subdivision because of the sensitivity issues that arise, which the Court set out in earlier decisions. The subdivision yield must be a product of environmental benefit. Rural activities may remain a more appropriate outcome than in-situ development and the council will need to address that on a case by case assessment. E.39.6.4.5(1)(c) - contiguous planting [32] The parties seem...

9. [2024] NZEnvC 238 Coast Road Resilience Group Inc v West Coast Regional Council [pdf, 3.9 MB]

   CRRG v WCRC & GDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 238 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN COAST ROAD RESILIENCE GROUP INCORPORATED (ENV-2024-CHC-41) Appellant AND WEST COAST REGIONAL COUNCIL First Respondent AND GREY DISTRICT COUNCIL Second Respondent Environment Judge P A Steven – sitting alone under s279

10. Hemi v Ritchie - Whaanga 1D1D Roadway (2025) 282 Waikato Maniapoto MB 9 (282 WMN 9) [pdf, 745 KB]

    282 Waikato Maniapoto MB 9 Hemi v Ritchie - Whaanga 1D1D Roadway (2025) 282 Waikato Maniapoto MB 9 (282 WMN 9) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O WAIKATO MANIAPOTO In the Māori Land Court of New Zealand Waikato Maniapoto District AP-20230000020537 WĀHANGA Under Sections 18(b), 19(1)(a), (b) and (c) Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Whaanga 1D1D Roadway I WAENGA I A Between HOHUA HEMI AS TRUSTEE OF THE HEMI