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1. 8. JWS 8 - Deemed Permits & associated Rights of Priorities 18 June 2021 [pdf, 352 KB]

   ...users or instream values (compared to those previously achieved under the rights of priorities associated with deemed permits). This may lead to adverse effects on economic growth and employment due to reduced access to water. - Providing for the environmental effects of the rights of priority to continue to exist post 30 September 2021 under Option 2 may be less effective (compared to options 1, 3 and 4) in meeting the outcomes of PC7 i.e. providing for a simple and cost-effective con...

2. [2022] NZEnvC 124 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 4.1 MB]

   ...representative of others, it does not provide an immunity to costs claims.15 9 Grrymo11th PetrolC11m Limited v Hmtage NeJ1J Zealand Po11here Taonga [2016] NZEnvC 84 at [3]. 10 Taima Mari11e Limited v J,Tf"aikato Regional Council [2006] NZRMA 485 (HC). 11 Environmental Protection A11tho1iry v BW Offshore Singapore Pte Ltd [2021] NZHC 2577 at [19]. 12 Foodstt(/fs (Otago S011thla11d) Prope,ties Limited v Dunedin Ciry Co111uil (1996) 2 ELRNZ 138. 13 Opo11tere Ratepayers & Residents A...

3. [2022] NZEnvC 208 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 739 KB]

   ...Robinson v IFaitakere Cit], Co111uil (No 13) [2010] NZEnvC 314 at [28]; Dery v Manmvatu-lf:-7anganui Regional Coumil [2013] NZEnvC 44; Apple Fields Ltd v Ch1istch11rch Ci!J Coumil ENVC Christchurch C138/05, 30 September 2005 at [43]. Upper Clutha Environmental Socie!J Inco,porated v Queenstown Lakes Dishict Coumil [2019] NZEnvC 78 at [23], [27]. 9 QLDC. There is no jurisdiction to grant a rehearing [24] For a number of reasons, I find I have no jurisdiction to grant a rehearing....

4. [2024] NZEnvC 063 Horticulture New Zealand v Waikato District Council [pdf, 457 KB]

   ...(l) They avoid a potentially significant cost in terms of the lack of appropriate enablement for seasonal workers in close proximity to where their employment is located; 6 (m) The addition of the new provisions create no difference in environmental effects because the scale of buildings and the intensity of activity is the same; (n) They ensure a suitable level of on-site amenity is provided for SWA; (o) The floor area based metric for SWA is more certain and more readily...

5. [2024] NZEnvC 157 Barraclough v Gisborne District Council [pdf, 286 KB]

   ...the evidence does not support them. (b) the erosion and sediment control plan is inadequate and should be amended. Rapid stabilisation of the site is required. (c) the evidence presented on the appellant’s behalf did not directly address the environmental effects of granting the stay and did not address any of the associated effects already being experienced offsite, including sediment in downstream watercourses and effects on the neighbouring property; 5 Decision at [48]....

6. [2024] NZEnvC 160 Evans v Marlborough District Council [pdf, 276 KB]

   ...court’s opinion having heard the evidence, should have been admitted by other parties. [18] However, we accept that this proceeding is analogous to a Sch 1 proceeding. Accordingly, I consider that the more relevant question is whether 5 Tauranga Environmental Protection Society Incorporated v Tauranga City Council [2022] NZEnvC 122. 6 DFC NZ Ltd v Bielby [1991] 1 NZLR 587. 6 the Council’s conduct meets the threshold reflected in the Practice Note which applies where an a...

7. [2024] NZEnvC 169 Friends of Nelson Haven v Marlborough District Council [pdf, 603 KB]

   ...Trust Apex Marine Farm Limited Arapaoa Marine Farmers Aroma (N.Z.) Limited and Aroma Aquaculture Limited Clearwater Mussels Limited and Talley’s Group Limited Clova Bay Residents Association Incorporated Dallas Hemphill Delegat Limited Environmental Defence Society Incorporated Fisheries Inshore New Zealand, Paua Industry Council and NZ Rock Lobster Industry Council Friends of Nelson Haven and Tasman Bay Incorporated Goulding Trustees Limited and Shellfish Marine Farms L...

8. 2023-09-26-Evidence-of-Sean-Mallon.PDF [PDF, 1.2 MB]

   ...preparing this evidence I have reviewed the following: (a) Stage 5: Additional MCA Processes and Outcomes 2021 document. (b) The NoR for the Ō2NL Project as lodged with the Council, including Volume II Supporting Information and Assessment of Environmental Effects (“AEE”). (c) The Transport Technical Assessment by Philip Jeremy Peet attached as Technical Assessment A to the AEE. (d) The s198D Report of David Dunlop (Transportation) for the Council. (e) The s198D Report of...

9. 2023-09-26-Evidence-of-David-Dunlop-Transport.PDF [PDF, 982 KB]

   ...transport outcome, as recorded in the Transport JWS, we identified that Option 3 was very likely to be outside the proposed designation boundaries. As also recorded in the Transport JWS, Mr Peet was of the opinion that other factors (such as environmental considerations, property issues and the existence of Māori land) would make Option 3 untenable. [18] Having reviewed the Transport JWS, the Council’s preferred option (connectivity option 3) is different to mine (connectivit...

10. [2023] NZEnvC 167 Whangarei District Council v Gorbatchev [pdf, 454 KB]

    ...are a reasonable response. In particular, the making of an order under s 315 of the Act is appropriate given the previous compliance concerns and reinstatement of the activity. Quite simply the activity appears contrary to the plan and has environmental and health impacts as asserted in Ms Martin’s affidavit. The further orders are justified if [6] [7] [8] [9] [1 O] [11] [12] 6 these assertions are correct. Given the agreement I assume they are not in dispute...