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1. [2020] NZEnvC 220 Napier City Council v McMillan [pdf, 2.9 MB]

   ...is sought and without holding a hearing. These provisions allow for the possibility that the need for action to deal with the contravention of the Act may be so urgent that the usual requirements for notice and a hearing could result in greater environmental damage. The issue is whether such risk outweighs the general desirability of adherence to the usual procedure of the Court and the principles of natural justice, including in particular hearing both sides to a case before making...

2. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

   ...feature attracted strong submissions from counsel for the respondents about the weight the Court could place on it ("low"). [16] Evidence was called form Mr S C Ross, one of the respondents, and consultant ecologist Dr M J Thorsen. 1 Environmental Defence Society v Maunganui County Council [1989] 3NZLR 257 ; Western Bay of Plenty District Council v Whaiti Decision No. A128/05. 2 Terry v West Coast Regional Council Decision No. C147/01 . 4 [17] Mr Ewans was not granted...

3. The Waitangi Tribunal Strategic Direction in 2020 [pdf, 7 MB]

   ...ӹ constitution, self-government, and elec- toral system ; ӹ justice system ; ӹ education services and outcomes ; ӹ social services and social development ; ӹ economic development ; ӹ identity and culture ; ӹ natural resources and environmental management ; and ӹ citizenship rights and equality. 10 Current status of Tribunal inquiries under way Urgent inquiries Ngā Hapū o Te Moutere o Motiti (Wai 2521) The Tribunal has completed its hearings and is writing its re...

4. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...including because: (a) They facilitate electronic case management of the Application. Websites are effective tools for disseminating evidence and other documents relating to consenting processes under the RMA and are commonly used by the Court, the Environmental Protection Authority, and local authorities. Counsel understand from the Minute that the Court is prepared to establish a dedicated website for the Application, if considered practicable by the Registry staff. If this is...

5. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...including because: (a) They facilitate electronic case management of the Application. Websites are effective tools for disseminating evidence and other documents relating to consenting processes under the RMA and are commonly used by the Court, the Environmental Protection Authority, and local authorities. Counsel understand from the Minute that the Court is prepared to establish a dedicated website for the Application, if considered practicable by the Registry staff. If this is...

6. [2021 NZACC 178 – Kirdy v ACC (8 November 2021) [pdf, 184 KB]

   ...…” of course this did not result from the injury of July 2016. [44] She submits that Mr Nicol’s expertise is in lower limb surgery and that the CAP comprises of four orthopaedic surgeons, a sports medicine specialist, occupational and environmental medicine specialist, general surgeon and a physiotherapist. She submits therefore that the CAP was ideally placed to comment on Mr Kirdy’s case. [45] Accordingly, she submits that the appeal should be dismissed. Decision...

7. [2023] NZEnvC 102 The Alpine Group Limited v Southland Regional Council [pdf, 8.1 MB]

   ...arise from the exercise of the permit, and which it is appropriate to deal with at a later stage, or which become evident after the date of commencement of the permit; or {b) ensuring the conditions of this consent are consistent with any National Environmental Standards Regulations, relevant plans and/or Policy Statement; or (c) amending the monitoring programme to be undertaken; or (d) adding or adjusting compliance limits; or (e) requiring the consent holder to adopt the best p...

8. [2023] NZEnvC 043 Minister of Conservation v Northland Regional Council [pdf, 419 KB]

   ...to include a new condition requiring that any discharge does not contain concentrations of contaminants which are likely to have any more than minor adverse effect on source water for human consumption, as per the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 (NES-DW). [16] The rationale for Northland DHB’s appeal is that the decisions version of Rule C.4.1.9 would allow activities that could have negative impacts on...

9. [2023] NZEnvC 278 Hanan and Banco Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

   ...development (e.g. Millbrook). Close proximity to Arrowtown. Close proximity to urban infrastructure. Large-scaled lots suggest potential for subdivision. Potential for integration of walkways/cycleways. Riparian restoration potential. Easy topography. Environmental characteristics and visual amenity values to be maintained and enhanced Views from McDonnell Road and Centennial Avenue to the surrounding mountain/river context. Reinforcing a robust and defensible edge to Arrowtown....

10. [2023] NZEnvC 150 Port Marlborough NZ Ltd v Marlborough District Council [pdf, 667 KB]

    ...application can be made for resource consent to undertake an activity within the setback. The adverse effects of any such proposal will be assessed against the provisions of this chapter. 8. Amend the 6.AER.1 and 6.AER.2, as follows: Anticipated environmental result Monitoring effectiveness 6.AER.1 The natural character of Marlborough’s coastal environment and of lakes, rivers and their margins is retained. The intactness of the individual coastal marine and coastal te...