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1. [2023] NZEnvC 014 Federated Farmers of New Zealand v Marlborough District Council [pdf, 139 KB]

   ...contribute to the control of animal and plant pests and help to minimise crop diseases. Use of agrichemicals in the environment is controlled under the Hazardous Substances and New Organisms Act 1996. Each agrichemical must be approved for use by the Environmental Protection Authority. The Authority can also impose specific controls on the application of agrichemicals to ensure safe use. The policy signals that the Council’s role in controlling the application of agrichemicals...

2. [2024] NZEnvC 125 Minister of Conservation v Marlborough District Council [pdf, 401 KB]

   ...Environment Judge 5 Appendix 1 Table 1: Parties Appellants ENV-2020-CHC-42 Minister of Conservation ENV-2020-CHC-50 Manawa Energy Limited ENV-2020-CHC-64 Royal Forest and Bird Protection Society of New Zealand Incorporated ENV-2020-CHC-67 Environmental Defence Society ENV-2020-CHC-74 Marine Farming Association Inc & Aquaculture New Zealand s274 parties Apex Marine Farm Limited Aroma (NZ) Limited & Aroma Aquaculture Limited Clearwater Mussels Limited and Tall...

3. Rudd Senior v Procter - Horowhenua 11 Lake Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107) [pdf, 145 KB]

   ...hearing. We will discuss the trespass issue later in this judgment. Conflict of interest [27] Allegations of conflict of interest were made in respect of Dr Procter’s consulting role with Tanenuiarangi Manawatu Inc (“TMI”). TMI provides environmental services to Muaūpoko Tribal Authority (“MTA”). MTA has a Memorandum of Understanding with the Horizons Regional Council which provides that the parties will work together “to deliver environmental outcomes where there...

4. D-G Conservation - Supplementary - M J Brass - Planning (18 March 2021) [pdf, 152 KB]

   ...permits where the consent duration sought is no more than 6 years. Any replacement permit where the term sought is more than six years would be a non-complying activity. 10. This approach addresses concerns raised in the hearing that seeking environmental gains as well as procedural changes would make the controlled activity pathway too onerous, thereby driving applicants to take the non- complying pathway instead and so reducing the effectiveness of the plan change. My understandi...

5. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...has failed to explore the possibility of settlement where compromise could have been reasonably expected; and (e) where a party take a technical or unmeritorious defence. 16 Taima Marine Ltd v U7aikato Regional Co11ncil [2006] NZRMA 485 (HC). 17 Environmental Protedion A11th01i!J v BW Offshore Singapore Pte Ltd [2021] NZHC 2577. 18 Foodst11ffs (Otago S 011thla11d) Prope,ties Limited v D11nedin City CoH11cil (1996) 2 ELRNZ 138. 19 DFC NZ Ltd v Bielf?J [1991] 1 NZLR 587. 10 [18) Th...

6. 2022-03-22 Willowridge Developments Ltd & Remarkables Park Ltd - Supplementary Evidence - Claire Hunter - 22 March 2022 [pdf, 477 KB]

   ...“residential activity” have distinct meanings”. From a planning perspective I agree. In all district and city plans • Rule 3.11.4 of the Proposed Plan Change 1 to the Waikato Regional Proposed Plan Change 1 which refers to a certified Farm Environmental Management Plan being required to retain a permitted activity status. • Rule 5.138 of the Canterbury Regional Land and Water Plan which requires that the activity is undertaken by or on behalf of a local authority or a net...

7. 07.-Evidence-of-Ms-Janelle-Tamihana-Nga-Hapu-o-Kereru.PDF [PDF, 263 KB]

   ...development of the Project from its inception. This has included participating in the shaping of the Ō2NL Project route selection and corridor refinement, communicating its values associated with Ō2NL environment and its position in terms of environmental effects of the Project, participating in the development of the Cultural and Environmental Design Framework (CEDF) and continuing to work in partnership with Waka Kotahi as the Project moves through the consenting process....

8. Greater-Wellington-Cover-Regional-Council-letter-Form-7a-and-Form-9-20221101.pdf [pdf, 435 KB]

   ...and the PNRP; − land use consents in accordance with section 14 of the RMA and the PNRP; − land use consents in accordance with section 15 of the RMA and the PNRP; − land use consents in accordance with the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES_F); − water permits in accordance with section 14 and 15 of the RMA and the PNRP and RFP; − water permits in accordance with the NES-F; − discharge to land permits in accorda...

9. 2023-10-11-Rebuttal-Evidence-of-G-Eccles-Planning-Framework.pdf [pdf, 233 KB]

   ...parties. Within the realm of "avoid", minor and transitory effects can be tolerated as can adverse effects that are so minor, or can be conditioned, that they will not generate "material harm".10 This guidance needs to be 8 Environmental Defence Society Inc v New Zealand King Salmon Company Ltd [2014] NZSC 38 at [24], [62] and [96]. 9 Port Otago Ltd v Environmental Defence Society Inc [2023] NZSC 112 at [64] – [68], for example. 10 King Salmon above n 8 at [...

10. 2023-10-11-MTA-Rebuttal-Evidence-of-D-Wilson.pdf [pdf, 228 KB]

    ...Horowhenua and associated land for the benefit of all Muaūpoko beneficial owners. I have been a trustee for three years and, since early 2023, I have also held the role of Deputy Chair of the LHT. 3. I hold the role of Kaiwhakahaere Taiao (environmental manager) for Muaūpoko Tribal Authority (MTA), the mandated iwi organisation for Muaūpoko Iwi. I have held this role since 2020. I have also, since 2020, represented MTA on the Manawatū River Accord and Horowhenua Freshwate...