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  1. Nga Runanga EiC M Bartlett Rights and interests Amended tracked 17 Feb 2021 [PDF, 905 KB]

    ...in the early 1880s are close to 140 years old. As Ms McIntyre’s evidence illustrates, these processes have often involved water being taken and used for very different purposes than it was originally granted for, and such rights have been transformed and perpetuated by various statutes with little (if any) consideration of tangata whenua interests. Some submitters have described their deemed permits as a ‘longstanding right’ to water, I consider however that by telling the Ng...

  2. Ngāi Tahu Ki Murihiku - EiC - Maria Bartlett - Rights and interests (5 Feb 2021) [PDF, 898 KB]

    ...in the early 1880s are close to 140 years old. As Ms McIntyre’s evidence illustrates, these processes have often involved water being taken and used for very different purposes than it was originally granted for, and such rights have been transformed and perpetuated 3 Te Whakatau Kaupapa o Murihiku 1997. 4 Ngāi Tahu Land Report 1991, 6.9.6 Page 7 34598579_3.docx by various statutes with little (if any) consideration...

  3. [2023] NZEnvC 186 Lund v Dunedin City Council [pdf, 1.1 MB]

    ...current and historical use of the site has been for industrial 1 Russell Lund is a trustee and beneficiary of the trust. 3 purposes. It was used as a brickworks for many decades.2 That use ceased in 2004. [5] Until the early 1990s the site formed a part of a larger area of land, including land to the north. That also contains buildings used for industrial purposes. Following a subdivision, titles were issued for each of these sites (in December 1993). Buildings on these...

  4. [2024] NZEnvC 247 Allied Asphalt Limited [pdf, 2.5 MB]

    ...12 May 2020. As this was more than six months before the expiry date of the existing permit, operations were able to continue in accordance with the terms of that permit in accordance with s 124 of the RMA. [2] The Regional Council issued a request for further information which included a request for further assessment and consideration of the best practicable option (BPO) and mitigation measures. The request included that AAL consider upgrading the current abatement system (e...

  5. [2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd [pdf, 398 KB]

    ...before a driver can use the Driver App they must enter into a services agreement with UBER. Under the standard services agreement UBER agrees to provide drivers with lead generation services and related services to enable them to receive on-demand requests for transportation services, and with a licence to use the Driver App. Mr Arachchige became an Uber driver after being a taxi driver [5] Prior to Mr Arachchige becoming an Uber driver, he was a taxi driver under an Alert Taxi...

  6. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 131 of the Resource Management Act 1991 of a direct referral application under s 1988 of the Act for a notice of requirement to alter designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN (ENV-2019-AKL-000007) Applicant AUCKLAND COUNCIL Regulatory

  7. Deputy Registrar v Ruapehu District Council - Section 4 Block IV Town of Ongarue (2013) 312 Aotea MB 137 (312 AOT 137) [pdf, 150 KB]

    ...be European land. The current certificate of title TNB3/122 shows that Peneamine Te Rata still remains as owner of the block. Procedural history [8] The first hearing was held on 18 February 2013 before Judge Savage.2 The Registrar requested an adjournment to address ownership issues. From the minutes of the hearing it is evident that Judge Savage was not convinced that the application would be successful given there was no evidence before the Court at the time as to whe...

  8. [2023] NZEnvC 171 University of Otago v Dunedin City Council [pdf, 3.1 MB]

    ...requirements and objectives of the Act including, in particular, Part 2. [7] The parties agree costs should lie where they fall and accordingly no order for costs is sought. Outcome [8] All parties to the proceeding have executed the memorandum requesting the orders. On the information provided to the court, I am satisfied that the orders "vill promote the purpose of the Act so I "vill make the orders sought. PA Steven Environment Judge Appendix 1 Section 9 Publi...

  9. [2022] NZEnvC 265 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3.8 MB]

    ...process which is appropriate ahead of a plan change giving effect to the National Policy Statement for Freshwater Management 2020, and given the current state of knowledge concerning some farming activities. Annexures [10] Attached to and forming part of the decision are several annexures. These are self-explanatory and include: (a) Annexure 1: Scope – Rule 20A: scope to approve area and slope conditions of the permitted activity; (b) Annexure 2: Table 1 – Agreed positio...

  10. Common Bundle Volume 4 [pdf, 4 MB]

    ...Batchelor (Environment Southland) and Dyanna Jolly (Dyanna Jolly Consulting) were responsible for the compilation and editing. Their patience and perseverance surmounted the many obstacles encountered during the journey. The extraction of information from an advisory panel of representatives from the four Rūnanga Papatipu o Murihiku, who drew extensively from the collective rūnanga knowledge, was a valuable learning experience for all involved. Representatives from the four R...