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1. E68 Colin Williams - Navigation Safety - EIC - Sanford Ltd [pdf, 821 KB]

   ...by this consent will be required. 32. Panuku’s application may have adverse effects on continued effective and efficient fishing operations in Auckland. Sanford and AFPL consider that it is appropriate for the Court to consider these valid environmental effects emanating from the proposed structures and activities, and to impose conditions addressing these concerns. CONCLUSIONS 33. Sanford and AFPL generally support the proposal to hold the America’s Cup on the Auckland...

2. E75 Andrew Brown - EIC - Ngāti Whātua Orākei [pdf, 1.2 MB]

   ...statutory planning, I rely upon and am in general agreement with the assessment provided in Council’s s.87F Report. I am satisfied that the subject proposal represents the best practicable outcome in terms of avoiding, remedying or mitigating adverse environmental effects. 4.8 In terms of cultural effects, the s.87F Report defers consideration to Mana Whenua (section 9.15, p.50-51). The position of the s.274 Mana Whenua in support is that adverse cultural effects remain, but that...

3. [2017] NZEnvC 178 Lau v Auckland Council [pdf, 4.4 MB]

   ...[25] 5 Counsel submits that an application for security for costs should generally be Being awards of $8,700 in Auckland Council v Lau [2017] NZEnvC 151 and $127,500 in Auckland Council v Chen Hong Co Ltd, Mao and Lau [2017] NZEnvC 152. Wakatipu Environmental Society Inc v Queenstown Lakes DC (1997) 3 ELRNZ 1 and JR Hughes & ors v BJ Cooper & ors (unreported: HC Auckland, CP62/95, 5 July 1996, Salmon J) Gilliespie v Manawatu-Wanganui RC [2013] NZEnvC 263; Te Whare 0 Te Kaitiak...

4. Reid - Kaiwaitau 1 (2004) 108 Wairoa MB 37 (108 WR 37) [pdf, 2.1 MB]

   ...38. In 1992 Mr Reid filed an application for partition pursuant to section 173 of the Maori Affairs Act 1953. Mr Reid's concerns centred on the administration of the 9 Brown v Mllori Appellate Court [2001) 1 NZLR 87 at 97 10 Ibid at 97, citing Environmental Defence Society Inc v Mangonui County Council [1989) 3 NZLR 257 at p260 per Cooke P) Minute Book: 108 WR 43 block, and he believed that by partitioning his out his shares he would be able to better develop and enhance the ar...

5. [2018] NZEnvC 228 Auckland Council v Cable Bay Wines Limited [pdf, 430 KB]

   ...chairs, umbrellas, and open­ air dining and drinking on the lawn. [5] The unconsented facilities and activities were the subject of a retrospective resource consent application by the Appellants in April 2017. Examination of the Assessment of Environmental Effects ('AEE') showed us in the s 120 appeal hearing that consent was sought for the following activities: (a) The establishment of the additional enclosed restaurant space and pizza kitchen, collectively referred to...

6. Hearing Schedule as at 30 March 2021 [pdf, 282 KB]

   ...Representative Subject (if provided) Position Evidence / Representation Questioning / Cross-Examination Fish & Game Morgan Trotter Ecological Flow Evidence Summary (10min) Court (45min) ORC (30min) OWRUG (30min) Fish & Game Nigel Parageen Environmental Management Evidence Summary (10min) Court (45min) ORC (30min) Nga Rūnanga (30min) OWRUG (30min) Lunch (12.45pm) Fish & Game Ian Cole Recreational Angling Evidence Summary (10min) Court (45min) OWRUG (30min) Adjourn...

7. ORC outline conditions for surface water takes [pdf, 176 KB]

   ...carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the Consent Authority as consent number [insert consent reference number/s]. a) Application form, and assessment of environmental effects dated [date]. b) [list plans provided with application: plan title, author, rev, date] c) [list other additional information dated XXX.] If there are any inconsistencies between the above information and the conditions...

8. ORC PC7 Hearing Schedule - 12 April 2021 [pdf, 280 KB]

   ...RF&B (30min) Court (45min) Federated Farmers Michael Lord Lay Evidence (30min) Lunch (12.45pm) Fish & Game Morgan Trotter Ecological Flow Evidence Summary (10min) ORC (30min) OWRUG (30min) Court (45min) Fish & Game Nigel Parageen Environmental Management Evidence Summary (10min) ORC (30min) Nga Rūnanga (30min) OWRUG (30min) Court (45min) Adjourn Friday 21 May 2021 - Hearing Day 32 - Dunedin (9.30am Start, 2pm Adjournment) Party Reference / Submission No. Name of...

9. [2020] NZEmpC 96 Innovative Landscapes (2015) Ltd v Popkin [pdf, 203 KB]

   ...resources. … … Importantly, at the risk of repetition, pro bono work by lawyers who practice in the resource management field is beneficial in aiding more ready and effective participation by public interest bodies and others concerned with good environmental outcomes via decisions of this Court under the RMA. [14] The Court concluded that declining to have regard to the costs associated with the provision of pro bono representation would likely inhibit the willingness of coun...

10. [2020] NZEnvC 106 Rangitane o Tamaki Nui a rua v Manawatu Wanganui Regional Council [pdf, 9.1 MB]

    ...comments in that regard by referring to s 269 RMA which relevantly provides that: 269 Court procedure (1) Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in such manner as it thinks fit. Kapiti Environmental Action Inc v Kapiti Coast District Council Decision W 042/2007. 7 (1A) However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution . This provision...