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1. [2019] NZEnvC 032 Tauranga City Council v Minister of Education [pdf, 917 KB]

   ...(the Act). Section 8 olthe Act states that except in certain specified circumstances the Act does not bind the Crown. Those exceptions do not include the obligation to pay Development Contributions. As (his Notice of Requirement is not B Resource Consent a condition to pay Financial Contributions under the Resource Management Act is also not able to be applied. However, it is accepted that the Requiring Authority should mitigate the actual or pctential adverse effects on the environment...

2. ORC - Summary of Evidence - Felicity Boyd - 9 November 2021 [pdf, 163 KB]

   ...8 (PC8) to the Regional Plan: Water for Otago (RPW) is to improve the management of specific activities likely to be adversely affecting water quality in Otago while a new regional plan is prepared that gives full effect to the National Policy Statement for Freshwater Management 2020 (NPSFM 2020). PC8 was developed in tandem with Plan Change 1 (PC1) to the Regional Plan: Waste for Otago which has a similarly narrow focus on specific activities (landfills and dust suppressants). To...

3. Supplementary Evidence of Matthew Twose [pdf, 2.4 MB]

   ...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.23 The Council reserves control over the following matters: (a) Intake method and flow rate controls to avoid or mitigate fish entrainment; and24 (ba) In accordance with historic use and exi...

4. E81 Karen Wilson (Engagement) - EIC - Te Ākitai Waiohua [pdf, 3.5 MB]

   ...Ākitai Waiohua Iwi Authority and the Chair of the Pukaki Māori Marae Committee. 3. I am the representative for Te Ākitai Waiohua Waka Taua Incorporated Society (“Te Ākitai”) on the Panuku Mana Whenua Governance Forum. 4. I provide this statement in support of the submission by Te Ākitai on the application for resource consents for the necessary infrastructure and related activities associated with holding the America’s Cup event in Auckland lodged by Panuku (“the App...

5. H & Anor v CAC 20004 & Anor [2014] NZREADT 58 [pdf, 112 KB]

   ...property before the complainant entered into the sale and purchase agreement and that the licensees were relying on the vendor's word that these issues had been or would be resolved. [13] The Committee held that licensees cannot rely on vendor statements and it is for licensees to confirm the accuracy of such statements i.e. in this case, whether the code compliance issues had been resolved; and, in this instance, the statement the vendor made (that there was code compliance) was i...

6. 2021-07-30 ORC - Legal submissions - reply on pORPS [pdf, 132 KB]

   ...water bodies and freshwater ecosystems in Otago. 7 8 PC7 also seeks to reduce the risk of water being “locked up” and will therefore assist in achieving the outcomes sought in the pORPS. It is submitted that PC7 is coherent as it will ensure consents can be replaced soon and be brought in line with the pORPS and future Land and Water Regional Plan, both of which will provide a more fulsome local expression of Te Mana o te Wai. 3 Closing Legal Submissions for Otago Regi...

7. Direct referral guide for submitters [pdf, 381 KB]

   ...process under the Resource Management Act 1991 (RMA). It has been prepared to help submitters understand the process. What is direct referral? The direct referral process allows applicants to make a request to a council that their notified resource consent, notice of requirement, or heritage order application1 be decided by the Environment Court, rather than the relevant council. When an application is notified (publicly notified or limited notified), it is open to written submission...

8. MfE-The direct referral process - for submitters [pdf, 389 KB]

   ...process under the Resource Management Act 1991 (RMA). It has been prepared to help submitters understand the process. What is direct referral? The direct referral process allows applicants to make a request to a council that their notified resource consent, notice of requirement, or heritage order application1 be decided by the Environment Court, rather than the relevant council. When an application is notified (publicly notified or limited notified), it is open to written submission...

9. OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV 20210628 [pdf, 481 KB]

   ...LESLIE: That’s correct and in addition to that, I was pulling data from 30 the ORC’s databases to feed directly into the conferencing. Q. And Ms King? A. MS KING: Hi Alexandra King. So I was there to assess the provisions in terms of the consenting function. 18 Q. Thank you. Now you have prepared a joint witness statement, are there any corrections that need to be made to that statement? A. MR DE PELSEMAEKER: There is one. It is a tiny typo. It is, sorry, I’m...

10. [2018] NZEnvC 226 Cable Bay Wines Ltd v Auckland Council [pdf, 2.7 MB]

    ....2..0 N~~ 2-018 FIRST INTERIM DECISION OF THE ENVIRONMENT COURT [1] The purpose of this first interim decision is to convey to the parties our refusal of part of the application, and make further directions about refinement of conditions of consent to aspects which might attract consent. A more detailed interim decision will issue later which we anticipate will confirm consent and set out detailed reasoning on the matters that were in contention. The present appeal was the first...