Search Results

1. [2022] NZEnvC 131 Aquaculture New Zealand v Northland Regional Council [pdf, 1.2 MB]

   ...appeals in September 2019 as well as subsequent informal discussion. The parties have reached agreement on the provisions under appeal. NES-MA [5] Resolution of the appeals was complicated by the promulgation of the Resource Management (National Environmental Standards for Marine Aquaculture) Regulations 2020 (NES-MA) in July 2020, which took effect on 1 December 2020. [6] NES-MA was promulgated in response to the realisation that many marine farm consents will expire between 2...

2. [2022] NZEnvC 112 Minister of Conservation v Wellington Regional Council [pdf, 1.5 MB]

   ...PNRP, with clause 16 changes Interpretation Definitions Good management practice Practices, procedures or tools (including rules) that are effective at achieving the desired performance while contributing to the providing for desired environmental outcomes as expressed in the relevant objectives and policies of this plan. Good management practice evolves through time and results in continuous improvement as new information, technology and awareness of particular issues...

3. [2021] NZEnvC 040 Director-General of Conservation v Taranaki Regional Council Part 1 [pdf, 19 MB]

   ...conditions GEN.2 - 3 Consent lapse and expiry GEN.4 Review of conditions GEN.5 and 5A Cultural protocols GEN.6 Community Liaison Person GEN.7 Complaints GEN.8 Incidents GEN.9 - 18 Management Plans – General GEN.19 – 21B Construction Environmental Management Plan GEN.22 - 26 Ecology and Landscape Management Plan GEN.27 General Monitoring GEN.28 Completion of Construction Works Conditions Applying to Specific Consents (as listed in these conditions) AIR.1 - 3 Dust...

4. Territorial Authorities - MW Twose - Supplementary - 12 May 2021.pdf [pdf, 822 KB]

   ...of the Long Term Plan process. SECTION THREE: ISSUES FOR PLANNING WITNESSES - JOINT MEMO OF COUNSEL DATED 7 MAY Question 13. When assessing an application by a territorial authority for a new or replacement permit to take and use water are the environmental effects of the end-use a relevant consideration under the provisions of the Regional Plan: Water? 17. Under rule 12.1.3.1 of the Regional Plan: Water Plan the taking and use of surface water for community water supply is a con...

5. Wairakei Pastoral Limited [pdf, 452 KB]

   ...reference in Matter (iii) to demonstrating how the Goals and Principles will be achieved given the wording of Goals 1, 2, 6, 7 and 8 and Principles 9, 11, 13, 15, 16, 18 and 20. 6 iii. The reference in Matter (iv) to achieving the “environmental outcomes of the stock exclusion requirements in Schedule C” when there are none; and iv. The reference in Matter (v) to cumulative effects. i. The unworkable requirement for an applicant to provide an assessment by comparis...

6. [2022] NZEnvC 247 Country Lifestyles Limited v Auckland Council [pdf, 441 KB]

   ...application for the construction of a “facility for older rural folk to retire to” at 782 Haruru Road, Wainui. [4] The parties agreed a statement of facts and documents.1 The proposal [5] The proposal is described in the Assessment of Environmental Effects (AEE) as being much smaller than a retirement village but rather a “rural retirement community”. 1 Dated 6 August 2021. 4 Specifically, the proposal is:2 Building of 17 residential buildings as shown...

7. [2024] NZEnvC 149 Learning Houses Limited v Auckland Council [pdf, 466 KB]

   ...that the reasons the Commissioners refused to grant the resource consents applied for, have been adequately addressed and he would support the grant of consents subject to the imposition of the agreed consent conditions. [14] In relation to the environmental effects of the proposal, the Commissioners concluded:2 The potential effects themselves and assessed by each discrete technical expert are not found to be a determining factor, as many of the effects can be mitigated adequatel...

8. [2024] NZEnvC 290 Save the Maitai Inc v Nelson City Council [pdf, 736 KB]

   ...Objective RE6 Maitahi/Mahitahi Bayview Development (Schedule X) and Reasons: Objective RE6 Maitahi/Mahitahi Bayview Area (Schedule X) The Maitahi/Mahitahi Bayview Area (Schedule X) contributes positively to the social, economic, cultural and environmental well-being of the Nelson Whakatū community including: • a new mixed density residential neighbourhood amongst areas dedicated to public open space and revegetated rural land; and • a sense of place that is responsive to, and...

9. 2021-07-06 Transcript.pdf [pdf, 2.3 MB]

   ...the Court is considering water-users in this process and in the 15 formation of the plan change 7, it’s most necessary. In my view, it behoves the Otago Regional Council in its application of water management processes to consider not just the environmental implications but the implications on its region and people in its region, in the Otago Region. 20 Southern Lakes Holdings itself has invested significantly into the use of water resources. We have four small irrigation pro...

10. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

    ...implementation through the appropriate planning instruments. This approach accords with the scheme of the Act, which envisages a cascade of planning documents, each intended to give effect to s 5, and to pt 2 more generally: per Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd. (Footnotes omitted) 34 In the case of PC8: (a) It is clear that the NPSFM 2020 must be given effect to. The High Court’s decision in Horticulture New Zealand v Manawatu...