Search Results

1. [2023] NZEnvC 153 Argosy Property No.1 Limited v Auckland Council [pdf, 287 KB]

   ...Applicant Court: Environment Judge MJL Dickey sitting alone under s 279 of the Act Last case event: 21 July 2023 Date of Order: 24 July 2023 Date of Issue: 24 July 2023 _________________________________________________________________ CONSENT ORDER _________________________________________________________________ A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: 2 (1) the appeal is resolved in full,...

2. 16-May-2020-Regional-Plan-Waste-for-Otago-with-PC1-proposed-amendments.pdf [pdf, 2.5 MB]

   ...requirements ............................................................................................. 25 2.13 Provision of further information ................................................................................... 26 2.14 Notification of consents ................................................................................................ 26 3. Manawhenua Issues .............................................................................................................

3. [2021] NZEnvC 023 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 6.1 MB]

   ...and create conflict with established and anticipated intensive viticultural activities. [3] The application site ('Site') is an 8.9 ha block3 at the corner of SH6 and Gibbston Back Road, near 1vlt Rosa in the Gibbston Valley. GVL seeks consents for a seven-lot subdivision (six as residential lots) and to undertake associated development (the 'Proposal'). [4] The Site is bordered by two productive vineyards - Brennan Wines Vineyard to the south and Lane Vineyard...

4. Trustpower - Supplementary - S Styles - Planning (23 March 2021) [pdf, 1.2 MB]

   ...significant consenting challenges under the amended policy wording if they seek a duration beyond six years. My Evidence in Chief, together with that of Mr Mitchell and Ms Foran, sets out why such a restriction is significant on Trustpower’s hydro consents and is in my view inappropriate. 2.5 In response to this latest recommendation, and reflecting on the apparent desire by all parties to keep the plan change as simple as possible, an option which I now recommend is that, inst...

5. Hill v Whimp [pdf, 158 KB]

   ...reasonable extension to the timing of the completion of this determination, pursuant to s 40(1)(b) of the Act. [9] Mr Tee, counsel for the Claimants, helpfully provided a folder containing 43 documents; a number of other exhibits including witness statements by his witnesses were produced at the hearing, as were witness statements by and for the First Respondents, as recorded in [6] above alongside the witnesses’ 4 names. At the conclusion of the hearing the remaining parties...

6. Complaints Assessment Committee 304 v Christopher Chapman [2017] NZREADT 65 [pdf, 147 KB]

   ...have made a decision. Accordingly, the following orders will apply: [a] The fixture for 13–17 February 2017, in the District Court at Christchurch will be maintained, subject to confirmation following the next telephone conference. [b] Statements of evidence and a bundle of documents relied on by Mr Chapman are to be filed and served by 22 December 2016. [c] Opening submissions on behalf of the Committee are to be filed and served by 31 January 2017. [d] Opening submiss...

7. Advances in ADR Techniques in the New Zealand Environment Court a paper by Principal Environment Judge Newhook [pdf, 277 KB]

   ...confidentiality is important for the process. It means that the parties can make offers or suggestions aimed at resolving the matters without fear of later adverse consequences. [8] When agreement is reached on all or some matters in dispute, a draft Consent Memorandum is drawn up either at the mediation or afterwards by the lawyers or parties present. Once the wording is agreed to by all parties and signed, it is placed before the Judge with a request that a Consent Order be mad...

8. Stenhouse v The Real Estate Agents Authority (CAC 403) and Mackay [2018] NZREADT 55 [pdf, 292 KB]

   ...evidence that there were differences between her and Mr Busse’s preferences, as there were no such differences: she and Mr Busse agreed on the amendments they wanted made. She also submitted that the Committee was wrong to accept Mr Mackay’s statement that he had Mr Busse’s consent to consult Mr Steven, and was therefore free to do so, and to find that Mr Mackay’s consulting Mr Steven was “prudent”. [21] Ms Stenhouse referred to email correspondence involving herself, M...

9. 2021-03-16 Transcript to end of day 5 [pdf, 2 MB]

   ...(Council or ORC) is at a critical stage in its freshwater planning. The current freshwater planning framework in Otago is acknowledged as no longer being fit for purpose. It is a product of its time, being prepared prior to the National Policy Statement for Freshwater 5 Management 2020 (NPSFM). A new NPSFM compliant framework is required and the Council is committed to having that new framework in place by 31 December 2023. The Council is due to notify a new regional polic...

10. [2017] NZEnvC 149 Matakana Coast Trail Trust v Auckland Council [pdf, 13 MB]

    ...preliminary questions of law filed by API. The five questions stated (modified slightly during the hearing) were: 1. Does the Court have jurisdiction to impose conditions requiring the consent holder to establish a walkway/cycleway as part of its consented development? 2. If the Court does have jurisdiction, do the conditions satisfy the test for validity as set out by the Supreme Court in Waitakere City Council v Estate Homes Limited?1 3. Are the conditions sought by the Appell...