Search Results

1. [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...

2. [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...

3. CNI Iwi Land Management Limited [pdf, 274 KB]

   ...of the Treaty of Waitangi generally, particularly as they relate to the CNI Settlement; (d) do not have proper regard to the requirements of, and do not give effect to, the National Policy Statement – Freshwater Management and the National Environmental Standards for Freshwater; (e) are not the most appropriate means of achieving the purpose of the RMA in the protection and restoration of the Awa in accordance with Te Ture Whaimana; (f) undermine the Tangata Whenua Ancestra...

4. Water Services Bill [pdf, 214 KB]

   ...(not exceeding $50,000 for an individual or $300,000 in any other case);15 and b. a failure to comply with a direction made by Taumata Arowai that a person collect or provide information necessary for Taumata Arowai to monitor and report on the environmental performance of wastewater and stormwater networks and network operators.16 The High Court must first be satisfied that the person has not complied with Taumata Arowai’s direction and may make an order directing the person to compl...

5. [2021] NZEnvC 073 Smith v Young [pdf, 782 KB]

   ...DFC NZ Ltd II Bieli!y (1991) 1 NZLR 587. 7 NCC submissions [13] lvis Besier and :tvis Iviitchell submit no order for costs should be made against NCC. Counsel point out that NCC did not cause the unconsented works which created the adverse environmental effects and NCC is not a party to the enforcement order proceedings. \'{lhile it took part in those proceedings, that was in good faith to assist the court and parties, in recognition that the proceedings had to be bundled...

6. [2019] NZEnvC 129 Thornley v Marlborough District Council [pdf, 12 MB]

   ...declaratory orders is intended to be utilised in appropriate circumstances and it has been held that if there is any uncertainty which needs to be determined in respect of the terms of a resource consent, and if determination of that issue relates to environmental issues, then the court should not lightly make orders which dissuade parties from resorting to the declaration process.42 [19] The Council is critical of the applicants for making this application for declaration. From a j...

7. [2018] NZEnvC 236 Strategic Property Advocacy Network (SPAN) v Auckland Council [pdf, 374 KB]

   ...O'Neilis Road. The consent orders do not seek authorisation for a subdivision consent at this time. [30] Given that these proceedings are concerned with the AUP rules for potential subdivision opportunities rather than the statutory assessment and environmental effects of a particular subdivision application, the parties do not consider this appeal to be the appropriate forum for the Youngs to raise the arguments set out in their s 274 notices. Discussion The Consent Order...

8. 2021-06-15 D-G of Conservation - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 335 KB]

   ...Director-General of Conservation in reply to Memorandum of Amicus Curiae re Deemed Permits - DOC-6689608 9 continue the effect of priorities to regulate the allocation of water resources between users. This recognises and continues the incidental environmental benefit to flows and instream values provided by the previous exercise of priority rights. 42 I agree with Dr Somerville20 that any water use hierarchy regime under PC7 would need to meet the requirements for regional plans...

9. [2023] NZEnvC 029 Reefville Properties Limited v Christchurch City Council [pdf, 885 KB]

   ...development (including building frontages, circulation routes, sightlines and lighting) within the Northern Homebase Centre; and C. any potential safety or nuisance effects and methods to address such effects including by way of a Crime Prevention Through Environmental Design ("CPTED") assessment. iii. Heavy vehicles: For activities that will generate more than 250 heavy vehicle trips per day, whether there are any effects from these trips on the roading infrastructure. iv. A...

10. [2022] NZEnvC 121 Cullinan v Kaipara District Council [pdf, 425 KB]

    ...activities on site shall be carried out in accordance with the plans and all information submitted with the application formally received by the Kaipara District Council (“Council”) on 17 September 2018: • Application form, and assessment of environmental effects prepared by Pacific Coast Surveys, dated March 2019. Plan title and reference Author Rev Dated Site survey reference 2490 Pacific Surveys Coast 3 March 2021 Site survey proposed car park layout reference 2...