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1. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

   ...again tried to contact the Appellant and a meeting was arranged for 14 February 2018. That meeting was attended by Mr Giles and Mr Osmand for the Appellant and by Ms A Curtis (the Council's compliance manager), Mr C Watts (the Council's environmental consents manager) and Mr Brown. The outcomes of the meeting were that the Appellant stated it would apply under s 127 of the Act to change or cancel condition 7 and that otherwise the parties disagreed about the validity of th...

2. 2021-03-14 Tom De Pelsemaeker - Supplementary Appendix 2 [pdf, 307 KB]

   ...proposed amendments are footnoted with a reference to either a submission in general or the particular part of a submission that gives the scope for the proposal. The coding used is that contained in the Summary of Decisions table prepared for the Environmental Protection Authority (EPA) and published on the EPA website. Some of these footnote references have been corrected since the filing of Evidence in Chief. Where “consequential amendment” is noted, the amendment is a nec...

3. Affirmation of Lonnie Dalzell 26 5 2020 [pdf, 294 KB]

   ...if a hearing would otherwise be Are there or are there likely to be any necessary. submitters? Consider whether there are alternative Is this a matter of national significance that decision making bodies that could better could be referred to the Environmental determine the aoolication Protection Authority Consider whether if in the normal course of Are the likely matters of appeal substantive, or events the decision will likely result in an will they be matters of a minor nature that wi...

4. [2023] NZEnvC 073 Napier City Council v McMillan [pdf, 396 KB]

   ...for that practice in these terms in Tasman District Council v Douglas:16 If a party puts a local authority to the cost and expense of having to obtain an enforcement order from the Environment Court in order to compel that person to meet their environmental obligations, it seems entirely appropriate that the person subject to the order should contribute to the local authority’s costs of obtaining the order. In terms of enforcement proceedings, where an application is considered...

5. [2022] NZEnvC 143 Western Bay of Plenty District Council [pdf, 357 KB]

   ...to the Amendment Act. 4 Re Thames-Coromandel District Council [2013] NZEnvC 292, [2015] NZRMA 315 at [10]. 5 With reference to: re Thames-Coromandel District Council [2013] NZEnvC 292, re Palmerston North City Council [2015] NZEnvC 27; Environmental Defence Society Inc v Mackenzie District Council [2016] NZEnvC 253; re Dunedin City Council [2015] NZEnvC 165. 10 Nature and effect of proposed changes 11. If a person within the existing Ōmokoroa and Te Puke resident...

6. [2022] NZACC 56 – Ajayi v ACC (5 April 2022) [pdf, 214 KB]

   ...evidence, the Court does not consider that Mr Brownlee’s mistaken reference to the nature of Mr Ajayi’s injury in 2014 has any bearing on Mr Brownlee’s advice. [57] Fourth, on 22 April 2020, Dr Austen, Urgent Care Adviser, Occupational and Environmental Medicine, advised that the covered accident in 2016 did not cause Mr Ajayi’s peroneal tendon subluxation pathology. This advice was in view of the MRI report in 2017 noting his tendons to be normal and the absence of any r...

7. [2020] NZEnvC 024 Panuku Developments Limited v Auckland Council [pdf, 1.7 MB]

   ...has an overall restricted discretionary activity status, the key statutory tests are contained in s 104 and s 104C of the RMA. Section 87 A(3} is also relevant. It provides: If an activity is described in ... regulations (including any national environmental standard), a plan or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and - (a) the consent authority's power to decline a consent, or to grant a consent and to impose co...

8. ENVC Hearing 6Oct14 WML evidence chief John Leman [pdf, 4.3 MB]

   ...attenuators are not considered a viable solution with wave periods significantly above 4 seconds. 81. A panel breakwater or rock breakwater therefore needs to be considered. Either of these solutions, if acceptable from a planning, aesthetic and environmental perspective, are satisfactory in terms of being able to achieve the necessary marina wind/wave climate. C(v) Breakwater Protection Solutions 82. As discussed above and within the Cardno report, the main exposure fo...

9. Marine and Coastal Area - part-2 Interests in land and structures [pdf, 191 KB]

   ...warranted officer within the area of New Zealand to which their appointments relate. This material is not legal advice   10 Central and local government both have decision-making roles regarding reclaimed land. Regional councils consider the environmental effects and whether to grant a resource consent as per their standard RMA functions. Central government, on behalf of the Crown as owner of reclaimed land (refer next section below), decides whether to vest a legal interest...

10. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

    ...investigated in August 2014 and found to contain items and residues associated with the manufacture of methamphetamine. There is no explanation of why the advice was given nearly three years after the investigation occurred. In any event, on 9 May 2017 an environmental health specialist at the Council wrote to Mr Braines advising him of the Police advice and directing him to seek professional advice, comprehensively test the property, supply the results of that testing and vacate the...