Search Results

1. [2019] NZEnvC 073 Hertnon v Kapiti Coast District Council [pdf, 551 KB]

   ...decision. I consider that it is not unreasonable to require Mr Hertnon to comply with the abatement notice given that he has had nearly 16 months to remedy an apparently conceded breach of District Plan requirements, even if it is accepted that any environmental effects of the breach may be limited. [10] I am conscious of the fact that in reaching my determination as to cessation of the stay I have not finally determined the merits of Mr Hertnon's appeal, having based my observ...

2. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

   ...consent and any submissions received, the consent authority must, subject to Part 2, have regard to– (a) any actual and potential effects on the environment of allowing the activity; and … (b) any relevant provisions of— (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed plan; and (c...

3. CNI Iwi Land Management Limited.pdf [pdf, 151 KB]

   ...the relief does not promote the sustainable management of natural and physical resources; (b) the relief is not consistent with the National Policy Statement for Freshwater Management 2020, Te Mana o Te Wai or the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (to the extent those matters are determined to be relevant to Plan Change 1); and (c) the relief is not the most appropriate way to achieve the purpose of the Act or the purpose of P...

4. [2024] NZEnvC 210 Ratcliffe Family Trust v Hamilton City Council [pdf, 149 KB]

   ...contended that: (a) The Appellant is a person as defined under the RMA, being a body of persons whether corporate or unincorporated, and that the Council has jurisdiction under the RMA having been charged with enforcing the observance of national environmental standards (see s 44A(8)); (b) It responded to an adverse event requiring immediate preventive and remedial measures to be undertaken; (c) The follow-on provision contained in s 330A does not apply. The Appellant was preven...

5. ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]

   ...The first factor is the nature of the item. This is a kit that contains bee cocoons and this is different to a manufactured inanimate product. As a seller, MI Ltd will have limited control over the item’s life cycle and its viability may depend on environmental factors which are also beyond anyone’s control. 11. The second factor I consider are the representations made by the seller. I see that on the website, this item is described as follows: Introducing our [garden kit], a c...

6. [2024] NZEnvC 243 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 209 KB]

   ...Ngāti Kuku is a hapū of the Ngāi te Rangi iwi of Tauranga Moana. Te Runanga o Ngāi Te Rangi Iwi Trust was part of the PC13 proceedings as a s 274 party. Mr Ngātuere has previously given evidence in the PC13 proceedings for Ngāi te Rangi as its environmental spokesperson. [11] As to the involvement of Ngati Kuku and Whareroa Marae in the s 293 proceedings, Mr Ngātuere stated in the affidavit: 4 Involvement of Ngāti Kuku and Whareroa Marae in the proceedings … Ng�...

7. 19032025 Financial Markets Conduct of Institutions Amendment Duty to Provide Financial Services Amendment Bill [pdf, 212 KB]

   ...consumers and must not treat any consumer less favourably in the provision of financial services for any of the following reasons: a. any of the prohibited grounds of discrimination in s 21 of the Human Rights Act 1993,1 b. any direct or indirect environmental, social, or governance consideration, c. any climate-related reporting standard issued by the External Reporting Board, or d. the industry within which the consumer operates. 5. Proposed new s 446JA(2) provides that this d...

8. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

   ................................................................................................................................................ 222 Regulations, Policy and Planning Documents under the RMA ...................................................... 222 National Environmental Standards (NES) ......................................................................................... 222 National Policy Statements (NPS) .......................................................................

9. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part1.pdf [pdf, 20 MB]

   ...modellers, and stormwater design engineers. I have been part of the group of ‘design team leads’ on the Ō2NL Project which has enabled my close collaboration with other discipline leads, in addition to working with other relevant assessment of environmental effects ("AEE") assessors. 20. Dr Jack McConchie of SLR, who is the author of Technical Assessment G – Hydrogeology and Groundwater, has provided feedback, including ultimately via a formal peer review memorand...

10. [2023] NZEnvC 265 Gibbston Vines Ltd v Queenstown Lakes District Council [pdf, 362 KB]

    ...Policy 9: Reverse sensitivity effects are managed so as not to constrain land-based primary production activities on highly productive land. [26] On the interpretation of Pol 7, counsel for QLDC refer to observations in the Supreme Court decision in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd22 to the effect that “avoid”, as used in the NZCPS, has its ordinary meaning of “not allow” or “prevent the occurrence of”.23 Counsel for QLDC submit that it...