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1. 2022-03-18 ORC - Opening Submissions [pdf, 373 KB]

   ...call-in by the Minister for the Environment. Under the call-in provisions, the Court needs to make a decision on the provisions and matters raised in submissions in relation to PC8 and it is not possible for the plan change to be amended by consent. Given the Court’s indication that it did not need to be addressed on the Part A and Part H provisions, the focus of these submissions is on the Part G provisions and the issue of whether these provisions should apply within the Que...

2. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...2013 performance appraisal meeting. He pointed out that the 12 November email came later than 90 days from that date (it came 102 days after the meeting). No express objection was taken to items 5 and 6 as being out of time. [16] A statement of problem was filed with the Authority, dated 29 May 2014. The statement of problem alleged that Ms Ale had been unjustifiably dismissed. Three separate unjustified disadvantages were alleged, including “the unfair performance a...

3. ENVC Hearing 6Oct14 TGKL legal submissions [pdf, 357 KB]

   ...Direction Matiatia Incorporated (OMI) in most respects apart from the issue of ecology and anti-fouling. On that issue they are calling expert evidence from Mr Charley Water's. 3. My submissions address the issues, as set out in the Agreed Statement of Issues, that relate to ecology and anti-fouling. These include the issues relating to the effects assessment (paragraph 4(a)) and conditions (paragraph 11(b». I adopt the submissions on behalf of DMI with respect to issues conce...

4. 2021-03-15 MfE - opening submissions [pdf, 471 KB]

   ...be exercised until their expiration date.4 Consequently the permits have survived with generous allocation (by today’s standards) and without loss or restriction of their rights. 5. The expiring deemed permits must be replaced with resource consents and applications must be lodged by 1 April 20215 or 1 July 2021 at the discretion of Council.6 Exactly how many deemed permits remain to be replaced has been the subject of some debate in this hearing but it seems likely that, allowin...

5. [2021] NZEnvC 052 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 3.2 MB]

   ...(Regional Council) Mr A Warren for Rangitane o Tamaki Nui-a-Rua Incorporated (Rangitane) (Appellant) Mr J Bent (self-represented) Date of Decision: 19 April 2021 Date of Issue: 19 April 2021 2 INTERIM DECISION OF THE ENVIRONMENT COURT A: Consents will be granted for the Updated proposal including a wetland treatment system subject to further updating of conditions. B: To ensure fairness to all parties in view of the complexities of the case, we direct that parties may make...

6. 2020-10-09-ORC-PC7-s-149G3-Key-Issues-Report.pdf [pdf, 1.8 MB]

   ...the state of the environment and current planning framework that needs to be resolved; d. A summary of the higher order planning and policy instruments relevant to the WPPC with a list of the relevant provisions of any relevant national policy statement, New Zealand Coastal Policy Statement (NZCPS), national planning standard, regional policy statement (RPS) or proposed regional policy statement, plan or proposed plan to be appended to the report;3 and e. A description of the solu...

7. 2023-09-26-SOE_Michaela-Stout_Water-Abstraction.pdf [pdf, 240 KB]

   ...MATTER the direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project BY WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY Applicant STATEMENT OF EVIDENCE OF MICHAELA JAYNE STOUT ON BEHALF OF THE MANAWATŪ-WHANGANUI REGIONAL COUNCIL SURFACE WATER TAKE AND ALLOCATION Dated: 26 September 2023 227-231 Broadway Avenue...

8. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...activities (due to an inability to meet the controlled activity conditions1 and to comply with Schedule 10A.4 which is geared towards irrigation activities2). They would also be subject to a directive policy framework requiring six year maximum consent durations. Trustpower’s submission and evidence therefore sought amendments to PC7 to provide separately for hydro- electricity generation activities (“hydro”) at the objective, policy, and rule level, including changes to the ap...

9. Martin, G N - EiC (5 Feb 2021) [pdf, 1.2 MB]

   ...SUMMARY [2] Proposed Plan Change 7 (Attachment 1) is consistent with the Minister for the Environment’s recommendation to Council that by 31 March 2020, Council prepares and notifies a plan change that will provide an adequate interim planning and consenting framework to manage fresh water until new discharge and allocation limits are set in line with the NPSFM. [3] On public notification, the rules in this plan change will have legal effect because those rules protect or relate to wat...

10. [2024] NZEnvC 194 Connor [pdf, 1.4 MB]

    ...Auckland Council (Latimour),3 which talk about the application of the provisions within specific areas, there have been some changes to the wording in the AUP which, while minor, are to be examined in the broader context of the new Regional Policy Statement (RPS). [5] Before addressing further matters, we think it is important to cite the history as to how this matter came before the Court. 1 Eden-Epsom Residential Protection Society Incorporated v Auckland Council [2024] NZEn...