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1. 20241210 Offshore Renewable Energy Bill [pdf, 204 KB]

   ...issued, and infrastructure decommissioned.2 For example, cl 33 requires holders of feasibility and commercial permits to disclose data obtained from feasibility activities and studies to the chief executive as well as any other reports or information requested by the Minister, the chief executive or an enforcement officer. These provisions prima facie engage the right to freedom of expression by imposing a requirement to provide information. 9. Where a provision is found to limit a...

2. Whaanga - Anewa (2012) 22 Tairawhiti MB 167 (22 TRW 167) [pdf, 238 KB]

   ...is, to “facilitate the use and occupation by the owners of land owned by Māori by rationalising particular land holdings and providing access or additional improved access to the land” (s 287(2)). [3] I made a direction on 31 October 2011 requesting that the trustees of the Anewa Trust (the Trust) address these three matters. The trustees have responded, and Mrs Whaanga has also replied to the trustees’ response. Section 288(4) [4] The first and central issue to be deter...

3. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...COURT A: Application for enforcement orders in respect of use of the Airstrip by single engine, frn:ed wing aircraft declined. B: Application for enforcement orders in respect of use of the Airstrip by helicopters to be granted, subject to the form of orders being settled. Directions made in paras [113] - [114] below. C: Costs reserved. Timetable to be set in final decision. REASONS Introduction [1] Tasman District Council (the Council) has made an application for enforcemen...

4. D-G of Conservation - Murray Brass - EIC - 25 February 2022 [pdf, 234 KB]

   ...Court’s Practice Note 2014. I have complied with the practice note when preparing my written statement of evidence and will do so when I give oral evidence before the Court. 9. The data, information, facts, and assumptions I have considered in forming my opinions are set out in my evidence to follow. The reasons for the opinions expressed are also set out in the evidence to follow. 10. Unless I state otherwise, this evidence is within my sphere of expertise, and I have not o...

5. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CJC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Comm

6. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CJC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Comm

7. [2015] NZSSAA 026, 20 April [pdf, 69 KB]

   ...that because her whanau regard the appellant as her partner, he will have a life interest in the house at XXXX Road if she were to die. (viii) Neither party went to the Ministry and advised that they were living apart during the period concerned or requested that they be paid a single rate of benefit. (ix) The appellant said he and XXXX remained good friends during this particular period and continue to be good friends. 9 [46] We accept that XXXX ceasing to live full-time at...

8. Annexure 2 - Scope Challenges [pdf, 281 KB]

   ...should have been addressed in the s 32 Report, but were not, the matters are unlikely to fall within the ambit of the plan change. Incidental or consequential changes are permissible provided that no substantial s 32 analysis was required to inform affected persons of the comparative merits of that change.17 [14] The content of a s 32 Report is not the test, but a means of analysing the status quo at issue. The report should not be understood to fix the final frame of the plan c...

9. 2021-11-03 ORC - RPW Chapters - tracked version [pdf, 8.2 MB]

   ...structure. The Otago Regional Council will use its website www.orc.govt.nz to notify an up-to-date allocation status for aquifers, showing how current allocation compares to the scheduled or default maximum allocation limit (MAL) and will, upon request, advise the applicant of the aquifer’s current allocation status before any application is made. 12.0.1.4 [Repealed – 1 September 2015] 12.1 The taking and use of surface water 12.1.1 Prohibited activities: No resource co...

10. 2021-11-05 ORC - RPW Chapters - tracked version - updated [pdf, 8.3 MB]

    ...structure. The Otago Regional Council will use its website www.orc.govt.nz to notify an up-to-date allocation status for aquifers, showing how current allocation compares to the scheduled or default maximum allocation limit (MAL) and will, upon request, advise the applicant of the aquifer’s current allocation status before any application is made. 12.0.1.4 [Repealed – 1 September 2015] 12.1 The taking and use of surface water 12.1.1 Prohibited activities: No resource co...