Search Results

1. [2024] NZEnvC 018 Hughes Developments Ltd v Waikato District Council [pdf, 466 KB]

   ...the Act Last case event: 23 November 2023 Date of Decision: 19 February 2024 Date of Issue: 19 February 2024 DETERMINATION OF THE ENVIRONMENT COURT A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the planning maps are amended in accordance with Appendix A: Amended zoning map for the Property to show 2339A Buckland Road as General Residential Zone (GRZ); and 2 (2) the appeal is resolved in its entirety. B...

2. 2021-07-28 OWRUG - Legal submissions in relation to the pORPS [pdf, 121 KB]

   ...policy direction in the pORPS? 3. Issue 5 is related to the topic raised by OWRUG and recorded in the ORC’s memorandum at paragraph 13(a): 13 Counsel for OWRUG wishes to address the following issue: (a) Does the pRPS contemplate that resource consents to take and use freshwater may be granted without a merits consideration of the effects of granting consent on Te Mana o Te Wai during the term of the resource consent? 4. The connection between these two issues is that they bo...

3. ENV-2018-AKL-000149 Fulton Hogan Limited v Auckland Council [pdf, 7.9 MB]

   ...1.5. Documents relied on ............................................................................................... 6 2. Changes to objectives and policies ............................................................................... 7 2.1. Statement of issue .................................................................................................. 7 2.2. Panel recommendation and reasons....................................................................... 7 3. Vegetatio...

4. Mfe T Ensor Supplementary evidence on pRPS 20 July 2021 [pdf, 197 KB]

   ...MATTER OF A Notice of Motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago BETWEEN OTAGO REGIONAL COUNCIL Applicant AND MINISTER FOR THE ENVIRONMENT Section 274 Party SUPPLEMENTARY STATEMENT OF EVIDENCE OF TIMOTHY ALASTAIR DEANS ENSOR FOR THE MINISTER FOR THE ENVIRONMENT 20 July 2021 CROWN LAW TE TARI TURE O TE KARAUNA PO Box 2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Contact Perso...

5. Twelfth JWS dated 12 July 2021 Miscellaneous Minor Amendments [pdf, 637 KB]

   ...the maximum rate of take/daily volume? • Is the term remaining necessary in Step 5 of the methodology in Schedule 10A.4.2 and Step 4 of the methodology in Schedules 10A.4.3 and 10A.4.4? • What is the difference in meaning between the terms Consented Daily Volume and Calculated Daily Volume? Use of capital letters and single quotation marks in Schedule 10A.4. 1. The Environment Court has requested that the Schedule 10A.4 be reviewed to ensure consistent and appropriate use of...

6. 2021-05-19 Dr Royden Somerville - Memorandum of Amicus Curiae [pdf, 180 KB]

   ...Introduction 1. The principal legal questions the Court has asked me to address are: Background (i) are deemed permits a creature of statute that finally expire l October 2021? (ii) in accordance with s 124 RMA, on an application for resource consent to replace a deemed pennit, can the right of priority continue to be exercised until a decision is made either granting or refusing consent? (iii) can rights of priority be recognised in the provisions of PC7 if they ceased to have eff...

7. 2021-05-19 Dr Royden Somerville - Memorandum of Amicus Curiae [pdf, 180 KB]

   ...Introduction 1. The principal legal questions the Court has asked me to address are: Background (i) are deemed permits a creature of statute that finally expire l October 2021? (ii) in accordance with s 124 RMA, on an application for resource consent to replace a deemed pennit, can the right of priority continue to be exercised until a decision is made either granting or refusing consent? (iii) can rights of priority be recognised in the provisions of PC7 if they ceased to have eff...

8. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

   ...M Poland and C Poland, s27 4 parties Sand S Edwards for themselves, s274 parties Date of Decision: 15 October 2019 Date of Issue: 15 October 2019 THIRD INTERIM DECISION OF THE ENVIRONMENT COURT ~ /4 /--=---~-:'.::•?~:, of building consents required and resolution of the dispute about ongoing (or not) ;• ~'.:~.~Jt~.:1;:~ 7i conditions attaching to the 2006 consent. The outcome of these matters to inform _J ·! , • 1 ... , ..-, ) .__ ' Ii ••• . • •...

9. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) [pdf, 476 KB]

   ...Section 32 conclusions 32. The costs and benefits associated with the 14 March Rule 10A.3.2 are similar to those I identified for my amended rule in my evidence in chief. The 14 March Rule 10A.3.2 is efficient in that it provides a simplified consenting pathway while addressing the key principles of the plan change. 33. I do not support the 14 March version of Policy 10A.2.3, and retain the view that the version put forward in my evidence in chief (with minor amendments discuss...

10. [2020] NZEnvC 170 Smith v Young.pdf [pdf, 7.8 MB]

    ...NELSON CITY COUNCIL Second Respondent Court: Environment Judge J J M Hassan Environment Commissioner M C G Mabin Hearing: In Chambers at Christchurch Date of Decision: 7 October 2020 Date of Issue: 7 October 2020 ENFORCEMENT ORDERS (BY CONSENT) A: Under sections 314 and 319 of the Resource Management Act 1991 ('RMA'), by consent, the Environment Court makes the orders set out in the Annexure SMITH v YOUNG & NELSON CITY COUNCIL - ENF ORDERS BY CONSENT 2 at...