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1. [2023] NZEnvC 005 Marsden City Limited Partnership v Whangarei District Council [pdf, 2.5 MB]

   ...insufficient information such that the risk of acting or not acting needs to be evaluated. Rail Noise The Decision included: (a) Site-specific provisions and noise zones in the MC Precinct chapter and updated nomenclature in the NAV chapter to protect amenity and human health, and to manage reverse sensitivity effects, for noise sensitive activities in close proximity to State Highway 15 and the rail designation adjacent to the MC Precinct; and (b) An extension of the propos...

2. [2023] NZEnvC 041 Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [pdf, 350 KB]

   ...submissions for QLDC dated 27 May 2022. 4 on the Crown Range Road and from the Coronet Peak access road. [73] We find that neither the QLDC Provisions nor the amended policies sought by the Anderson Lloyd parties would be sufficiently effective in protecting against the risk of further progressive degradation of the Basin’s remaining open working rural landscape character [7] The Interim Decision identified reinstatement of a “Basin-wide focus” as one of the guiding pri...

3. [2019] NZEnvC 101 Stone v Hastings District Council [pdf, 1.2 MB]

   ...effects on the environment of allowing the activity; (b) any relevant provisions of a plan; and (c) any other relevant matters. 8 Statutory instruments National and Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 [32] This document affects subdivisions being undertaken on sites which have or had contained hazardous activities or industries. We were advised that a search of the records for both the Hastings District Council...

4. Chen v Gu-Chang [2013] NZIACDT 16 (19 March 2013) [pdf, 221 KB]

   ...accepted in writing; the client must be made aware of all significant matters relating to the agreement, and a copy of the Code must be supplied to the client. [67.3] That a licensed immigration adviser discharge professional engagements with due care, diligence and respect. This requires them to ensure that their professional service delivery meets proper standards. [68] Clause 2 of the Code requires licensed immigration advisers to uphold the integrity of New Zealand’s immigration...

5. Waitangi Tribunal theme Q - Inland waterways - lakes [pdf, 2.3 MB]

   ...expression in New Zealand. The chapter then turns to a consideration of legislative interventions by successive governments in respect of waterways. The ambit of this survey is relatively wide, and includes legislation pertaining to swamp drainage, flood protection, fisheries management, and water rights. The case studies of the major lakes are contained in chapters two to seven. After starting with the Wairarapa lakes (chapter 2), the report proceeds to examine Lake Horowhenua (chapter 3), the...

6. ENVC Hearing 6Oct14 WML evidence chief Jon Styles [pdf, 425 KB]

   ...85dB. 31. The selection of noise limits will not in this case control how much noise is generated by the works, as I expect that compliance with either set of noise limits will be achieved using standard noise mitigation measures (such as the careful selection and maintenance of plant). Although I support the limits set out in the applicants proposed condition 17, I also consider that imposing noise limits derived from the Unitary Plan would be equally acceptable. 32. Part 3(H)...

7. ENV-2016-AKL-000193 Kiwi Property Group Limited, Kiwi Property Holdings Limited & Sylvia Park Business Centre Limited v Auckland Council (Zoning and Precincts) [pdf, 2.6 MB]

   ...Precinct Plan 1: Height areas Iffinl--- I BUild~-UP to 22.~-------1 -.---- Q I (A 12) I Buildings greater than 22,5-~------~------------Q---------' 1-spe~ifiC Activities - Sub-precinct C T i .-~-~----~!~-------~~---~--~~-----, i (A 13) I Care centres 1------ I ::; :: E I I Community facilities E I i I Healthcare facilities E i , I 1-(-A-1-6-) ---I H t' P 1 I ome occupa Ions I - I i------------- I --_.-------,------_.-----_._---------, , (A 17) 'I Public...

8. COURTS126-Lets-talk-court-booklet-2019-Print.pdf [pdf, 3.8 MB]

   ...“What made me want to go to court was thinking that when people do stuff like that they should be locked away for what they’ve done. A lot of support from the police, family members and counselling helped me get ready to go to court. “I felt scared and nervous, frightened, shaken when I first went into the courtroom. I forgot about everyone that was in the room and just kept focused. People in the room that I knew – support people – helped me do this while I was in the room and b...

9. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

   ...AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TE TĀMAKI MAKAURAU Decision No. [2023] NZEnvC 254 IN THE MATTER of an appeal under s 325A(7) of the Resource Management Act 1991 BETWEEN GI FINLAY TRUSTEES LIMITED, BETH MARY DANIEL and BARRY CARE DANIEL (ENV-2022-AKL-000189) Appellants AND WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent Court: Environment Judge L J Semple Environment Commissioner K A Edmonds Environment Commissioner I Buchanan Hearing: at Taurang...

10. Mokaraka v Mokaraka - Waima C8 [2022] Māori Appellate Court MB 17 (2022 Appeal 17) [pdf, 343 KB]

    ...review provisions in the Act should be utilised if possible prior to an application to the Chief Judge. Furthermore, such applications to the Chief Judge are unique to the Maori Land Court's jurisdiction and demonstrate the importance and care required by the Chief Judge when exercising that jurisdiction. The nature of the Chief Judge’s jurisdiction was further considered by the Court in Rameka – Papamoa 2 Sec 2B3C3B1, where it was stated:9 [10] Section 45 of Te Ture Wh...