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1. Landpro - Supplementary - C R Perkins - Planning (23 March 2021) [pdf, 482 KB]

   ...or water permits where metering is not required by condition of resource consent or by the Resource Management (Measuring and Reporting of Water Takes) Regulations 2010, the rate of take and the volume of water sought is no more than the existing consented instantaneous rate of take and volumes. The Council reserves control over the following matters: (a) Matters covered by the conditions of the existing deemed permit or water permit being replaced. (a) Intake method and...

2. AZ v YX LCRO 175 / 2010 (25 March 2011) [pdf, 91 KB]

   ...incurred, the review also needs to consider the drawdown and deduction of costs. This was a matter referred to by the Applicant in her complaint to the Law Society when she noted that she was unaware that this had been done until receipt of the statement and report from Ms YV following completion of the matter in December 2009. 6 Was the work authorised? [33] The first matter that must be dealt with is the suggestion by the Applicant that the work was unauthorised and unne...

3. [2022] NZEnvC 127 Climate Justice Taranaki Incorporated v Taranaki Regional Council [pdf, 383 KB]

   ...that, with the Amendment Act, Parliament had made clear comments about the legislative scheme for managing climate change. It considered that the drafters of the Amendment Act had not envisaged climate change arguments being made for rules and consents relating to activities that indirectly result in the discharge of greenhouse gases.10 The majority noted that they considered this to be the reason why ss 70A and 104E refer only to activities that resulted in direct discharges....

4. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...Access to Awaroa is by air, foot, boat or limited four-wheel drive access across the Awaroa Estuary at low tide. There is a road from Takaka which terminates at a 9 car park on the Awaroa Inlet approximately 3km from Awaroa. A Joint Agreed Statement of Facts and Issues dated 18 September 2020 Goint Statement) states that most tourists arrive by water-taxi services which pull into the beach abutting private land. The Airstrip [12] The Airstrip was established in the 1960s on pr...

5. ENVC Hearing 6Oct14 TGKL case law 2 Paku Bay [pdf, 142 KB]

   ...May; 25 July 2011 Resource management — Activity — Non-complying — Plans and schemes — Coastal — Marina — Appeal — Applicants successfully sought the introduction of marina zones and unsuccessfully sought resource and related land use consents for a 150-berth marina — Applicants had reduced and amended a proposal for a 95-berth marina approved — Environment Court dismissed the appeal — Appellants claimed Environment Court had erred in law in deciding amended proposal not c...

6. GA & BD v X SC LCRO 186/2013 (5 May 2014) [pdf, 154 KB]

   ...as a director of the nominee company. [3] One of the submissions made by Mr Z was that the Standards Committee determination was affected by bias on the part of the convenor of the Committee. Mr A responded to that and also provided a written statement from the convenor. Further material was put forward by Mr Z at the hearing. As requested, Mr Z has provided a written summary of this material which was then forwarded to Mr A who responded on 17 April 2014. Mr Z provided a supple...

7. 2023-NZEnvC-244-The-Canyon-Vineyard-Limited-v-Central-Otago-District-Council.pdf [pdf, 2.8 MB]

   ..._______________________________________________________________ 2 Introduction [1] This proceeding concerned an appeal by The Canyon Vineyard Limited (‘Canyon’) against a decision of the Central Otago District Council (‘the Council’) granting subdivision and land use consent for land at the south of the Bendigo Loop Road at Bendigo, owned by Bendigo Station Limited (‘Bendigo’). In the interim decision The Canyon Vineyard Ltd v Central Otago District Council1 the court...

8. Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21) [pdf, 422 KB]

   ...view that they never had a voice in the formation of the trust because their father passed away before the trust was formed. The applicants were convinced that they had not been involved in discussions about the formation of the trust and had not consented to it. When I perused the application file for the constitution of the trust, the applicants’ written consents were included in the application. I put this to the applicants who seemed taken aback by that information. I also n...

9. Heng v Walshaw [pdf, 550 KB]

   ...Council, in tort 170 • The relevant legal principles 171 • Three Meade Street 176 CLAIM NO.00734 – HENG INTERIM DETERMINATION.doc 6 • Discussion 178 • The alleged breaches of the duty by the Council 181 • The building consent 182 • Change in cladding system 182 • Inspections and notices to rectify 189 • Did the Council breach the duty of care? 189 • Summary of the sixth respondent’s liability 192 The Liability of the seventh r...

10. [2023] NZEnvC 111 Schmuck v Northland Regional Council [pdf, 12 MB]

    ...amendment to one remaining condition of consent. B: Costs reserved. REASONS Introduction [1] The appeal concerns some of the conditions of consent imposed by an Independent Hearings Commissioner appointed by Northland Regional Council on consents issued by him in his decision in November 2020. The consents related to an application by the appellant Mr Schmuck for a suite of consents related to activities variously already conducted by Doug’s Opua Boat Yard and some new cons...