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1. [2024] NZEnvC 175 Zant v Central Hawke's Bay District Council [pdf, 245 KB]

   ...NEW APPEAL A: The application for leave to file a new appeal is declined. B: Costs are reserved. 2 REASONS Introduction [1] An application to file a new appeal was filed on 19 June 2024. The new appeal seeks to challenge all environmental designations on private property within the Central Hawke’s Bay District as follows: Proposed District Plan ONF-7, SNA-241, HNC 1, CE, NH and all new environmental designations identified on private property within the PDP. [...

2. [2023] NZEnvC 183 W North Limited v Wellington Regional Council [pdf, 1 MB]

   ...Waikanae. In 2021, as W North Ltd was giving effect to that consent, the Council raised an issue concerning the possible existence of a wetland on tl1e property (as defined by tl1e proposed Natural Resources Plan and ilie Resource Management (National Environmental Standards for Freshwater) Regulations 2020). The Council tl1en issued an abatement notice to W Nortl1 Ltd, asserting tlrnt tl1e area in question was a wetland, and tlrnt what W/ Nortl1 Ltd proposed was outside tl1e terms of...

3. The Royal Forest and Bird Protection Society of New Zealand [pdf, 238 KB]

   IN THE ENVIRONMENT COURT ENV-2016-CHC-071 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an application for declarations under Part 12 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant AND MACKENZIE DISTRICT COUNCIL Respondent NOTICE UNDER SECTION 274 OF INTENTION TO APPEAR BY THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED 1 December 2016 Royal Fore...

4. [2020] NZEnvC 201 Auckland Council v Noe [pdf, 12 MB]

   ...Project Number Document Title: Status: Date: Prepared For: Authored By: Signature Reviewed & Certified By: 20200!5 Remedial Action Plan 2294 State Highway 16, Te Pua Final Febrnary 2020 Auckland Council Tess Brothersen Sr. Environmental Scientist Thomas Consultants Limited Sam Woolley T earn Leader Soil Contamination 27/02/2020 Date 28/02/2020 Date In recognition of the guidance given within the 'National Environmental Standard for Assessing...

5. [2024] NZEnvC 022 WST Company (2016) Limited [pdf, 1.3 MB]

   ...The agreed approach essentially means that any ‘effects advantage’ that might have been gained by WST in this application by relying on the existing 2 Colley v Auckland Council [2021] NZHC 2365. 3 The Augier principle is that a party to environmental proceedings may be held to their undertaking given in the course of those proceedings: Augier v Secretary of State for the Environment (1978) 38 P & CR 219 (QBD), as explained in Frasers Papamoa Ltd v Tauranga City Council [20...

6. [2019] NZEnvC 030 Zindia Limited v Marlborough District Council [pdf, 5.7 MB]

   ...Council ('Council') on 17 July 2018.' The abatement notice (relevantly) alleges: ... you are in breach of the Resource Management Act 1991 as commercial forestry harvesting does not compty with rule 4.6.4 of the Proposed Marlborough Environmental Plan and section 9 of the Resource Management Act 1991. [2) The notice concerns Zindia's harvesting operations on a forestry block at East Bay, Arapaoa Island2 in Queen Charlotte Sound (the 'Forestry Block'). T...

7. [2019] NZEnvC 102 Hawkes Bay Fish Game Council v Hawkes Bay Regional Council [pdf, 9 MB]

   ...by the stakeholder reference group. The predominant view of Maori In Hawke's Bay Is that water Is the essential ingredient of life: a priceless treasure left by ancestors for their descendants' life-sustaining use. This Plan sets out iwi environmental management principles (see Chapter 1.6), matters of significance to iwi/hapii (see Chapter 3.14) and commentary about the Maori dimension to resource management (see Schedule 1). POLICIES POL LW1A Problem solving approach - Wetl...

8. [2024] NZEnvC 035 Beachlands South Limited Partnership v Auckland Council [pdf, 608 KB]

   ...assessing the efficiency and effectiveness of the provisions in achieving the objectives; and (iii) summarising the reasons for deciding on the provisions; and (c) contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal. (2) An assessment under subsection (1)(b)(ii) must— (a) identify and assess the benefits and costs of the environmental, econ...

9. [2023] NZEnvC 239 Nelson-Marlborough Fish & Game Council v Marlborough District Council [pdf, 4.2 MB]

   ...Environment Judge 4 List of Appellants ENV-2020-CHC-046 Te Rūnanga o Kaikoura & Te Rūnanga o Ngai Tahu ENV-2020-CHC-050 Manawa Energy Ltd (formerly Trustpower Limited) ENV-2020-CHC-058 Federated Farmers of New Zealand ENV-2020-CHC-067 Environmental Defence Society Incorporated ENV-2020-CHC-071 Horticulture New Zealand 5 Appendix 1 Table 1: Parties ENV Party Appellants ENV-2020-CHC-67 Environmental Defence Society Incorporated ENV-2020-CHC-58 Feder...

10. [2023] NZEnvC 064 New Zealand Transport Agency v Waikato Regional Council [pdf, 1.3 MB]

    ...Highway 1 and State Highway 29 Intersection Upgrade Project dated 26 November 2021 and specified in Condition 1. Best Practicable Option or BPO Has the same meaning as in section 2 of the Resource Management Act 1991. CEMP Construction Environmental Management Plan CNVMP Construction Noise and Vibration Management Plan Construction Works Activities undertaken to construct the Project, excluding Enabling Works. Council [South Waikato District Council and/or Matamata-Piako D...