Search Results

1. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...held too broad and holding risks of unintended consequences if answered. Jurisdiction therefore declined re (a). D: Costs reserved. REASONS Introduction [1] These two appeals by Ngati Whatua Orakei Whai Maia Limited did not challenge the consents granted by Auckland Council , but challenged certain conditions attaching. [2] Hearing Commissioners of the respondent granted consent as follows: a) Westhaven Decision: extend the North Western breakwater and causeway (via land recla...

2. 2022-03-22 Willowridge Developments Ltd & Remarkables Park Ltd - Supplementary Evidence - Claire Hunter - 22 March 2022 [pdf, 477 KB]

   ...be achieved. It could also be likely to be the case that the Otago Regional Council would encourage compliance with the permitted standards to minimise effects on the receiving environment, rather than grant a discretionary activity resource consent where compliance with Rule 12.C.1.1 can be achieved. [8] It is evident from this reporting that the Chapter 25 Earthworks Provisions were specifically established to “bridge the gap” between the Otago Regional Water Plan existing...

3. ENVC paper Wuhan University China study tour 2015 [pdf, 587 KB]

   ...broadly divided into the following categories:  Appeals from the decisions of councils in respect of resource consents and designations;  Appeals concerning the content of regional and district planning instruments, including Regional Policy Statements;  Appeals against the issue by councils of Abatement Notices;  Applications for Enforcement Orders;  Applications for Declarations about the application and interpretation of resource management law, the functio...

4. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...Hector's dolphins [lJ [14J [22J [45J [45J [49J [56J [67J [71J [74J [74J [75J [79J [90J [101J [1 (l8J [109J • Effects on zooplankton • Effects on the amenity of the surrounding area [FJ Possible conditions of consent [GJ The ultimate issue: achieving the purpose of the RMA • PartII • Adaptive management Outcome [118J " 'o-A.,,' ~" [137J [141J . [147J [162J ,{I 3 fA] Introduction [1 J What would...

5. [2024] NZEnvC 126 Smith v Central Otago District Council [pdf, 1.8 MB]

   ...resource consent, the Resource Management Act 1991 establishes through sections 16 and 17 a duty for all persons to avoid unreasonable noise, and to avoid, remedy or mitigate any adverse effect created from an activity they undertake. 13. Resource consents are not personal property. The ability to exercise this consent is not restricted to the party who applied and/or paid for the consent application. 14. It is the responsibility of any party exercising this consent to comply with any condit...

6. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

   ...dated 30 August 2024 at [34]. 43 Interim decision at [123]. 44 STM memorandum with comments on JWS dated 30 August 2024 at [36]. 15 made. It should refer to all relevant policies. However, we do not consider that the amendment to the method statements of all policies to refer to X.16 should be made. There was no evidential basis for this change to be made. Language regarding earthworks on steeper slopes [44] STM supported the amendments to clause (d) as set out in the JWS b...

7. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

   ...Boes also engaged an engineer for all ground and foundation work. However as the engineer had not completed that work by the time Mr Scott had finished the plans, it was decided that the Boes would apply to the Council for a two-stage building consent to prevent further time delay. Accordingly the first building consent application was lodged and later approved for solely the foundations, retaining walls and concrete slab. [8] In order to finalise the plans for the home Mrs B...

8. 2021-07-05 OWRUG - Closing Submissions [pdf, 277 KB]

   ...confronting the need for a paradigm shift head on. 8. OWRUG submits that CL 1.3(2) of the NPS FM2020 makes it clear that Te Mana o te Wai applies to all freshwater decisions, and that PC7 is a freshwater decision. And so are decisions to grant resource consent under PC7 freshwater decisions. It is true, as the Court said in Minister of Conservation v NRC, that the obligations in section 3 are yet to come. But TMotW has started. 9. The ORC considers that Section 4.1 (every local...

9. 2021-04-21 Transcript (up to end of day 20) [pdf, 5.9 MB]

   ...and I will be looking for more than just a restatement of what you said in the transcripts. A. Sure. Q. I’ll be looking to get some more information out of you. So I’d just like to start by exploring your experience with preparing resource consent 15 applications. So would you be able to just briefly explain to me, in terms of your experience, what is your experience with that in recent times, particularly as it relates to deemed permits? A. Sure, so in recent times, a lot...

10. [2018] NZEnvC 111 Fright v Christchurch City Council [pdf, 7.8 MB]

    ...allowing the activity; • the relevant provisions of the Christchurch District Plan; and • any other matter we consider relevant and reasonably necessary to determine the application . [8] We have not had regard to the Canterbury Regional Policy Statement or the Greater Christchurch Regeneration Act 2016 (and associated plans) as we understand their provisions have been given effect to in the operative District Plan 4 [9] The decision whether to grant or refuse an application f...