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1. Practice note

   ...is a guide to the practice of the Environment Court and will be followed unless there is good reason not to. Legislative references are to the Resource Management Act 1991.  Practice Note 2023 Tuhinga Whakatau Tikanga 2023 Guidelines for use of generative artificial intelligence in Courts and Tribunals Site Visit Health & Safety Plan Example Indicative Site Visit Health and Safety Plan-Transportation Provider Example Indicative Site Visit Health and Safety Plan-Site Access Provider P...

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2. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

   ...During high flow conditions (greater than 726 l/s) water can over-top the weir to continue down Munro’s Dam Stream. However, most of the time there is no surface connection in Munro’s Dam Stream at the weir. Seepage water is however present, forming a wetted area with an ill-defined channel immediately downstream of the intake.” Resource Consent Application to Otago Regional Council Black Shepherds Race, February 2020, section 6.1, page 44. “As identified in the precedin...

3. Mercury NZ Limited 102.pdf [pdf, 163 KB]

   ...may affect its ability to operate, maintain, upgrade and develop its renewable electricity generation assets (in particular the Waikato Hydro System), including Objective 3. Relief opposed by Mercury 5 Mercury opposes the Notice of Appeal’s request to amend Objective 3 to specifically include “hydro dams” because it does not: 5.1 Promote the efficient use and development of natural and physical resources; 5.2 Meet the reasonable foreseeable needs of future generations; 5....

4. OWRUG - M Curran - Supplementary evidence - Appendix 2 - 24 May 2021 [pdf, 1.3 MB]

   ...consent. 8. The Operations, Maintenance and Surveillance Manual shall be updated as required, and a copy of the most up to date plan shall be forwarded to the Consent Authority within one month of any change made. The Consent Authority may request that the manual be reviewed by an independent suitably qualified person at no less than two yearly intervals. The results of the review shall be provided to the Consent Authority within three months of the review being requested....

5. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...arguably subordinate to the plaintiff's right to be heard. Strong social policy considerations favour the use of Courts as an accessible forum for the resolution of disputes and grievances of almost all kinds. Only where a clear impression can be formed that the plaintiff's claim is altogether without merit- so that in the alternative it would be amenable to being struck out- would it be right for security to be ordered where to do so would bring the plaintiff's claim to d...

6. Decision [2017] NZEnvC 57 (dated 20 April 2017) – Confidentiality Order [pdf, 331 KB]

   ...other than the court, counsel and the parties to this appeal (including their expert witnesses) is prohibited; (b) that part of the hearing at which the confidential information is likely to be referred shall be held with the public excluded, if requested. The exclusion of the public does not apply to any party; (c) these orders apply to any brief of evidence which refers to or quotes from the confidential information. The brief of evidence: Blueskin v DCC Confidentiality Order Ap...

7. 2021-04-11 - Opening Representation - Landpro and others 12 April 2021 [pdf, 189 KB]

   ...having to apply for consents and be processed under. 13. The issues raised by Ms Gilroy and Ms King in their evidence, in relation to the substantial amount of information that is required in an application to pass the s88 test and then further requests under s92, are being faced 4 by our team on nearly every application, even where those are for terms of not more than 6 years and which are intended to be a simple rollover. 14. The application process is requiring a substant...

8. 22.-Evidence-of-Mr-Andrew-Curtis-Air-Quality.PDF [PDF, 1.6 MB]

   ...related to the Project to Waka Kotahi since June 2021; (b) I was responsible for specifying the installation of air quality and meteorological monitoring equipment; and (c) I participated in a number of public meetings where I presented information on the potential air quality effects associated with construction and operation of Ō2NL. 6. Since the consent applications and NoRs were lodged I have reviewed the air quality related portions of the submissions that have been made...

9. [2023] NZEnvC 273 Meridian Energy Ltd v Mackenzie District Council [pdf, 437 KB]

   ...that: 1 Resource Management Act 1991. 2 (1) the appeals are allowed. The Mackenzie District Council is directed to amend Plan Change 18 to the Mackenzie District Plan by making the changes set out in Appendix 1 attached to and forming part of this order; (2) Meridian Energy Limited withdraws the remaining parts of its appeal; and (3) the remaining appeals otherwise remain extant. B: Under s285 of the RMA, there is no order as to costs. REASONS Introduction...

10. Firth Industries,a Division of Fletcher Concrete and Infrastructure [PDF, 1 MB]

    ...associated with the structures, construction works and for the operations and events under the Auckland Unitary Plan: Operative in Part and the Auckland Council Regional Plan: Coastal Plan. Overall it is a non-complying activity. The Applicant has requested that it be directly referred to the Environment Court for consideration. Council has agreed that this resource consent will be decided by the Environment Court (rather than by a Council Hearing) - a direct referral. If you make a submis...