Search Results

1. [2023] NZEnvC 069 Transpower New Zealand Ltd v Queenstown Lakes District Council [pdf, 608 KB]

   ...through the addition of ‘(other than a minor upgrade)’ after the word ‘upgrade’ in clause (b). Counsel explain that the distinction between minor and major upgrades is made in the NPSET, notably Pol 5 which reads: When considering the environmental effects of transmission activities associated with transmission assets, decision-makers must enable the reasonable operational, maintenance and minor upgrade requirements of established electricity transmission assets. [24] Tra...

2. [2023] NZEnvC 133 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.6 MB]

   ...Topic 1B. [8] Topic 1B was set down for a two-day hearing commencing 30 April 2021. [9] In March 2021, the hearing set down for Topic 1B was adjourned due to appeals against the Environment Court decision1 on the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F). The 1 Bay of Islands Maritime Park Inc v Northland Regional Council [2021] NZEnvC 6. 4 appeals were heard by the High Court on 6 September 2021. The High Court decision...

3. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...implementation through the appropriate planning instruments. This approach accords with the scheme of the Act, which envisages a cascade of planning documents, each intended to give effect to s 5, and to pt 2 more generally: per Supreme Court in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd. (Footnotes omitted) 34 In the case of PC8: (a) It is clear that the NPSFM 2020 must be given effect to. The High Court’s decision in Horticulture New Zealand v Manawatu...

4. [2018] NZEnvC 130 Friends of Nelson Haven Tasman Bay Incorporated v Tasman District Council [pdf, 1.5 MB]

   ...HAVEN AND TASMAN BAY INCORPORATED (ENV-2017 -WLG-00001 0) Appellant AND TASMAN DISTRICT COUNCIL Respondent AND WAINUI SPAT CATCHING GROUP Applicant AND JILLIAN RUTH FOXWELL FRIENDS OF GOLDEN BAY SOCIETY (INCORPORATED) JAMES BEARD ENVIRONMENTAL TRUST ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED s274 Parties Environment Judge D A Kirkpatrick Environment Commissioner I Buchanan Environment Commissioner K Edmonds On the Papers ,.': ~ -...

5. 2021-03-14 Alexandra King - Evidence [pdf, 248 KB]

   ...My full name is Alexandra Lucy King. 2 I am Team Leader Consents – Coastal Otago at Otago Regional Council (ORC or Council). 3 I hold the following tertiary qualifications: (a) Bachelor of Science with a Major in Geography and a Minor in Environmental Management from the University of Otago. (b) Master of Science in Hydrology (Distinction) from the University of Otago. 4 I am an Associate Member of the New Zealand Planning Institute and I am a certified decision maker un...

6. Wernham v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 022 [pdf, 315 KB]

   ...of clandestine drug laboratories (Clan Labs). A Clan Lab houses a collection of chemicals and equipment, which is used to manufacture illicit drugs (mostly, methamphetamine). The Clan Lab Team works alongside scientists from the Institute of Environmental Science and Research Ltd (ESR), collecting samples that ESR scientists test and analyse. [3] In a 40-hour week, Mr Wernham spent approximately 50% of his time at Clan Lab scenes, and 50% of his time in the office doing administra...

7. [2023] NZEnvC 037 Currie v Palmerston North City Council [pdf, 992 KB]

   ...non-habitable, the proposal would comply witl1 the permitted activity standards of Rule 22.6.1.1. 6 [16] Earthworks required to form the building footprint and hardstand areas represent a change in land use under regulation 8(4) of the National Environmental Standard for Assessing and Managing Contaminants in Soil (NESCS) and the volume of the earthworks would exceed the permitted standards under regulation 8(3) of the NESCS. Based on the results of a preliminary site investigat...

8. Federated Farmers of New Zealand Incorporated [pdf, 1.2 MB]

   ...the Waikato and Waipā Rivers. However, Federated Farmers considers that the regulatory and non-regulatory methods proposed in Plan Change 1 do not appropriately give effect to the relevant higher order documents, have not appropriately balanced environmental, economic, social and cultural considerations, and are not the most efficient and effective means of achieving the objective of the plan change. 7. The general reasons for the appeal are that the Decisions Version: 3...

9. [2022] NZEnvC 076 Pipers Limited Partnership v Auckland Council [pdf, 537 KB]

   ...objectives and policies could encourage a range of activities in the rural zone that had not been intended. This could include the development of retirement villages and other larger scale residential developments that could give rise to greater environmental effects in rural areas, such as on rural character, landscape and amenity values, as well as having the potential to create reverse sensitivity issues if more intensive residential development took place. Plan Change 20 (Pla...

10. [2021] NZEnvC 001 Minister of Conservation v Northland Regional Council [pdf, 3.8 MB]

    ...of extensive evidence or decisions to date. [35] The primacy given to the health and wellbeing of waterbodies and freshwater ecosystems in NPS-FM 2020, Objective 2.1 (1 )(a) is consistent with the decisions of the superior Courts including in Environmental Defence Society v New Zealand King Salmon Compa,ry Limitedl relating to the NZCPS, Policy 1 l(a), 13 and 15. We consider that the Regional Plan cannot derogate from the mandatory requirements of the superior documents and the pr...