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1. [2023] NZEnvC 183 W North Limited v Wellington Regional Council [pdf, 1 MB]

   ...relating to a subdivision and development in northern Waikanae. In 2021, as W North Ltd was giving effect to that consent, the Council raised an issue concerning the possible existence of a wetland on tl1e property (as defined by tl1e proposed Natural Resources Plan and ilie Resource Management (National Environmental Standards for Freshwater) Regulations 2020). The Council tl1en issued an abatement notice to W Nortl1 Ltd, asserting tlrnt tl1e area in question was a wetland, and tlr...

2. Speeches & papers by members of the Environment Court

   ...Tuesday 7 March 2017 Issues with access to justice in the Environment Court of New Zealand - Paper by Principal Judge Newhook, Judge Kirkpatrick and Judge Hassan to the International Symposium on Enviornmental Adjudication on 11 April 2017 How to run a Resource Management Case - A PowerPoint presentation by Principal Environment Judge Newhook in conjunction with Senior Practitioners for an NZLS workshop in May 2017  RLA17: a new planning paradigm? - Paper by Judge Hassan to the NZPI Canter...

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3. [2018] NZEnvC 122 Lee Valley Limestone v Tasman District Council [pdf, 4.6 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC 122 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN LEE VALLEY LIMESTONE LTD (ENV-2017 -WLG-000065) Appellant AND TASMAN DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commissioner W R Howie Environment Commissioner I Buchanan Hearing: 10-12 April 2018 at Nelson Appearances: J Ironside for the Appellant...

4. ENVC speech Harland Environment Law Regulation conf 2012 [pdf, 130 KB]

   ...and enhancing the environment. Trying to reconcile these sometimes conflicting objectives and values is the daily bread of the Environment Court – no more or less than undertaking the weighing and balancing requirement contained in s5 of the Resource Management Act 1991 (“the RMA”). [2] I want to talk today about change in this field, with a particular focus on how it appears from a Judge’s perspective. Although many of you will be familiar with our role in deciding mat...

5. Anderson v CAC 20003 & Ors [2014] NZREADT 15 [pdf, 158 KB]

   ...explained how he had conducted open homes at the property which involved showing prospective purchasers through the development. He emphasised that he had told all interested parties that the property, with its units, was non compliant in terms of resource management consents which confined the use of the units to that of a retirement village and did not extend to general residential use. [17] Mr Davis was pressed by Mr Bigio as to why he had not explained earlier to the appellant th...

6. Ngāi Tahu Ki Murihiku - EiC - D Whaanga - Culture (5 Feb 2021) [PDF, 440 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2020-CHC-127 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER 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 AND WAIHŌPAI RŪNAKA, TE RŪNANGA ŌRAKA O...

7. Annexure 1 - The Law [pdf, 230 KB]

   ...(Minister for the Environment) to Hon M Hobbs and Councillors (Otago Regional Council Chair and Councillors) regarding Section 24A Report: Investigation of Freshwater Management and Allocation Functions at Otago Regional Council under section 24A of the Resource Management Act at CB: Vol 5, Tab 12C. 2 Ministerial Direction of David Parker (Minister for the Environment) to refer the Otago Regional Council’s proposed Plan Change 7 – Water Permits to its Regional Plan to the Environmen...

8. New Zealand Public Health and Disability (Restriction on Crown Funding Agreements and Unfunded Cancer Medicines) Amendment Bill [pdf, 232 KB]

   ...(intra-ground discrimination).13 However, we consider that intra-ground discrimination may be a ground of discrimination. 17. Further, we recognise that in the health and disability policy context, it is difficult to treat all people equally. Limited resources mean that difficult choices must regularly be made to prioritise funding of certain medicines over others, and that necessarily means that some people may not, for example, have access to a sufficiently wide range of funded medic...

9. [2024] NZEnvC 197 Otago Regional Council v Dunedin City Council [pdf, 982 KB]

   OTAGO REGIONAL COUNCIL v DUNEDIN CITY COUNCIL – DETERMINATION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 197 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN OTAGO REGIONAL COUNCIL (ENV-2018-CHC-290) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge P A Steven Sitting alone under s279 of the Act Hearing: I...

10. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

    ...irrelevant to these proceedings. The generally relevant objectives and policies relate to: • integrated resource management4S ; • economic wellbeing49 ; and • recognition , maintenance and enhancement of the values of Otago's natural resources50 We will take those into account. [47] The most relevant objective is objective 3.2 (in Part B Chapter 3 of the PORPS). It is that "Otago's significant and highly valued natural resources are identified, and protect...