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1. [2024] NZEnvC 075 McCallum Bros Limited v Auckland Council [pdf, 12 MB]

   ...that the NPS-UD is not relevant to this application to take sand. The extent of any policy statement may have indirect consequences or effects in other areas. We recognise that any NPS may have indirect effects in other areas. Nevertheless, any consequential effect taken to be addressed by the objectives in the segregation of various policy statements would serve no particular purpose. For current purposes, we ought to consider that the NPS-UD has very limited relevance but indica...

2. 5. Transcript (weeks 9 & 10 Dunedin) [pdf, 3 MB]

   ...out three examples, Pig Burn, Small Burn and then also I tried to do Low Burn. And what I find was it works quite well when 10 you are dealing with a small catchment with a limited number of deemed permits with priorities. It becomes quite time-consuming when you are trying to look at more complex catchments. Now, that is not the biggest hurdle. I think the biggest hurdle is that in the end, 15 it is the objective of having a schedule is to provide transparency and what I’ve...

3. 5. Transcript (weeks 9 & 10 Dunedin) [pdf, 3.2 MB]

   ...out three examples, Pig Burn, Small Burn and 15 then also I tried to do Low Burn. And what I find was it works quite well when you are dealing with a small catchment with a limited number of deemed permits with priorities. It becomes quite time-consuming when you are trying to look at more complex catchments. 20 Now, that is not the biggest hurdle. I think the biggest hurdle is that in the end, it is the objective of having a schedule is to provide transparency and what I’ve...

4. [2020] NZEnvC 024 Panuku Developments Limited v Auckland Council [pdf, 1.7 MB]

   ...discretion, and the relevant assessment criteria and objectives and policies for each of the individual restricted discretionary activities. If that had been done, it would have made our decision-making task much more straightforward and less time-consuming. [80] We suggested that flow charts setting out the AUP rule and related policy framework could better express and explain the approach we needed to take to address each individual restricted discretionary activity. Our concern w...

5. Transcript - PC8 - Primary Sector Provisions - 8 November 2021 [pdf, 575 KB]

   ...taking water and that affects water quantity in the river, but water quality, this is what we’ve got to get our hand around. If the land and water regional plan is going to introduce controls 30 on land-use activities, that might necessarily, consequentially curtail volume of storage. A. Yep. 13 Q. And so it’s just understanding how that all pieces together before we can understand whether a discharge permit should be able to begin for a long period of time. A. Y...

6. De Wet v North Shore City Council [pdf, 323 KB]

   ...a gastrointestinal problem which her doctor advised were stress related. She said too that the leaky home was one of the main reasons for her separation and that Mr De Wet: "… was absolutely devastated and the problem with the house consumed him completely. He became a different person." 5.15. The authorities were extensively considered in Chase v De Groot [1994] 1 NZLR 613 and Attorney-General v Niania [1994] 3 NZLR 106. In Waitakere City Council v Sean Smith...

7. Proactive release - Security Information in Proceedings Legislation Bill.pdf [pdf, 2.2 MB]

   ...2002, the Telecommunications (Interception Capability and Security) Act 2013 and the Immigration Act 2009 should be amended where necessary to give effect to the recommendations above. Modify Immigration will not be included in these proposals. R24 Consequential amendments are needed to legislation that currently provides for closed or semi-closed procedures in judicial review or appeals of administrative decisions. These procedures would be modified to ensure greater consistency with R1...

8. OTAGO REGIONAL COUNCIL NOE [pdf, 6.6 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF the Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 08 March 2021 held in Dunedin Court: Environment Ju

9. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 270 IN THE MATTER OF an application for direct referral under sections 87C – 87I of the Resource Management Act 1991 BETWEEN PORT OF TAURANGA LIMITED (ENV-2021-AKL-000153) Applicant AND BAY OF PLENTYREGIONAL COUNCIL Respondent AND NGĀTI KUKU WHAREROA MARAE TRUSTEES NGĀ HAPU O NGĀ MOUTERE TRUST NGĀTI KAHU NGĀTI RANGINUI

10. 2023-07-28-WCO-Final-Report-Recommendation.pdf [pdf, 5 MB]

    ...discretion allowing these to be made more stringent through a plan change). The duty was not substantially opposed in final closing submissions and we remain satisfied that it is an appropriate part of this regime. We recommend it accordingly. Consequential changes to the headings to clauses 8 and 9 [190] As these clauses both comprise restrictions and duties, we have updated their headings from the penultimate draft WCO to reflect that. Provisions as to exemptions and scope...