Search Results

1. 2023-10-10-Rebuttal-Evidence-of-A-James-Freshwater-Ecology.pdf [pdf, 173 KB]

   ...ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency STATEMENT OF REBUTTAL EVIDENCE OF ALEXANDER BRYAN WILFRIED JAMES ON BEHALF OF WAKA...

2. [2019] NZEnvC 166 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 16 MB]

   ...PC5A be resolved first? 4.2 The role of the court on a plan appeal 4.3 The lists in section 61 and section 62 RMA 4.4 According with Part 2 of the RMA 4.5 What are the (potentially) relevant provisions in section 7 RMA? 4.6 The National Policy Statement on Freshwater Management 4.7 The Otago Regional Policy Statement and some conclusions 4.8 Sections 32 and 32AA identification of the options to be considered 4.9 Is a draft National Environmental Standard on Ecological Flows an...

3. [2018] NZEnvC 221 Giles v Auckland Council [pdf, 8.8 MB]

   ...Respondent Environment Judge JA Smith sitting alone pursuant to s 279 of the Act On the papers at Auckland Date of Decision: 'i 5 NOV 2il18 Date of Issue: DETERMINATION OF THE ENVIRONMENT COURT A: At the parties' joint request, and by consent, the Court allows the appeal and cancels the Council's decision of 25 July 2017. B: The consent to subdivision is granted subject to the plans and conditions to be amended as noted in this determination. Such consent and co...

4. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

   ...Plan 6 and 9 to reflect the proposed rezonings. [6] Further relevant items mentioned in the s32 report are references at pages 12 and 13 in Section 5.2.2 to certain urban and rural growth management policies of the Bay of Plenty Regional Policy Statement (RPS) (to which the plan change must give effect1) and at page 15 in section 5.2.5 to relevant national land transport strategies/plan. [7] 'The reference at page 12 is to Policy UG 2A which states: Identify a consistent road h...

5. [2018] NZEnvC 078 Hughson Reid v Nelson Speedway Association [pdf, 919 KB]

   ...Nelson Speedway Association Incorporated (the Respondent) which opposes the making of declarations. [3] The Respondent operates the Speedway pursuant to a conditional use application approved by Waimea County Council on 11 December 1968 (the Consent). It was common ground between the parties that the Consent granted in December 1968 was a permission which constituted a deemed resource consent pursuant to s 383 Resource Management Act 1991. [4] Waimea County Council was a predece...

6. [2011] NZEmpC 97 Quan Enterprises Ltd v Fair [pdf, 65 KB]

   ...returned to New Zealand on 3 March 2011 and received the statement of claim on that same day. Upon their return to Masterton Mrs Fair engaged counsel to assist in relation to the litigation and her counsel wrote to the plaintiff’s solicitor seeking consent to file a statement of defence out of time. No response was received from the plaintiff or its solicitor. [9] There is one important finding in the above narrative of facts which needs further explanation. It relates to the...

7. [2018] NZEnvC 160 NZ Energy v Manawatu Wanganui Regional Council [pdf, 599 KB]

   ...Trust (Ngati Rangi) against a decision of the Manawatu-Wanganui Regional Council (the Regional Council) in respect of various consent conditions and consent condition variations applied for by NZEL in 2007 and 2011. Neither appeal sought decline of consents which had been granted. Rather, the matters at issue related to the form of conditions imposed on the consents. [2] The interim decision was overturned by a decision of the High Court which issued on 7 December 20162 and this C...

8. [2019] NZEnvC 204 Auckland Council v Noe [pdf, 342 KB]

   ...Hearing: at Auckland on 18 December 2019 Appearances: N A Speir and L E Bielby for the Applicant / Appellant Mr Parker on behalf of the Respondent Date of Decision: 18 December 2019 Date of Issue: 19 September 2019 DECISION ON APPLICATION FOR CONSENT UNDER SECTION 315(2) OF THE ACT Order and directions (1) Pursuant to s315(2) of the Resource Management Act 1991, the Environment Court gives its consent to the Auckland Council to comply wi~h the Orders made by this Court in this...

9. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...in this regard. In our view, this emphasises the “not one size fits all” characteristic of expert conferencing, however we tend to the majority view for most cases. Related to this topic is “Will Says” and the production of an Agreed Statement of Facts – see below. Agreed Statement of Facts One of the key points in Commissioner Dunlop’s opening presentation was the advantage of the parties preparing an Agreed Statement of Facts (ASF) as one of the first steps in a time...

10. 2023-09-26-SOE_-Peter-Stacey_Air-Quality.pdf [pdf, 192 KB]

    ...confirmation provided in my s87F and 198D Report that I have read and agree to comply with the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2023. This evidence has been prepared in accordance with that Code. Statements expressed in this evidence are within my area of expertise. C. SCOPE OF EVIDENCE [6] My evidence addresses the following: (a) The extent to which issues identified in my s87F and 198D Report have been resolved through Wak...