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1. T Ltd v ND [2024] NZDT 739 (22 August 2024) [pdf, 187 KB]

   ...appears the wording was not exactly as ND requested but carried a similar meaning. 6. The agency agreement signed by ND refers only to a standard sign. QX explained that T Ltd has a policy of reusing its signs – this is to reduce waste and is an environmental measure. CI0301_CIV_DCDT_Order Page 2 of 3 7. I find that there was no obligation to provide ND with a brand-new sign. That is not part of the agency agreement and from the photographs, although the sign has minor wear wh...

2. [2020] NZEnvC 201 Auckland Council v Noe [pdf, 12 MB]

   ...Project Number Document Title: Status: Date: Prepared For: Authored By: Signature Reviewed & Certified By: 20200!5 Remedial Action Plan 2294 State Highway 16, Te Pua Final Febrnary 2020 Auckland Council Tess Brothersen Sr. Environmental Scientist Thomas Consultants Limited Sam Woolley T earn Leader Soil Contamination 27/02/2020 Date 28/02/2020 Date In recognition of the guidance given within the 'National Environmental Standard for Assessing...

3. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...cardiovascular disease “breaking it down into subparts”, atherosclerotic coronary artery disease (progressive) hypertension, and a transient ischemic attack/cerebrovascular disease. He described hypertension as resulting from a complex interplay of environmental and genetic factors. He did not think it was possible to define any single specific cause of hypertension in the appellant’s case. He did not think that chronic fatigue syndrome caused the cardiovascular pathology d...

4. ENVC Hearing 6Oct14 DM expert Steve White [pdf, 135 KB]

   ...vessels berthed within a marina will be coated with antifouling compounds that, as part of their normal operation, leach biologically toxic compounds into the marine environment. Considerable research is ongoing by both paint manufacturers and environmental agencies to examine the effects of antifouling compounds and coatings with the aim of maximising the antifouling protection for vessels while simultaneously minimising adverse effects on the wider marine environment. While th...

5. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...exchanged over 3 Section 2 RMA. 4 Section 6(a) and (d) RMA. 5 Ministry for Environment, Environment New Zealand 2007, December 2007, p. 6. 6 Rennie, H., “Coastal Fisheries and Marine Planning in Transition” in Memon, P.A. & Perkins, H. (eds.) Environmental Planning & Management in New Zealand, Dunmore 2000, p. 216. 7 It is thought that about 30 per cent of the total marine environment experiences some degree of disturbance from human activities. This is sobering when the...

6. [2019] NZEnvC 125 Schmuck v Northland Regional Council [pdf, 2.7 MB]

   ...a flat yard, with slipway rails leading to the water to enable boats to be winched up to the yard. [7] Mr Schmuck prepared and filed his own application for renewal of discharge consents and a copy of supporting document addressed Assessment of Environmental Effects is attached to that application. The information on the Council form is minimalistic i.e. 18- year term resource consent for renewal of all current discharge consents CON200607914 (10-15) so that they coincide with the re...

7. [2022] NZEnvC 262 Manawa Energy Limited v Marlborough District Council [pdf, 932 KB]

   ...provide alternatives for remote communities and properties and it is anticipated that these will become increasingly viable in urban and industrial areas as well. 2. Amend Policy 18.1.3, as follows: [R, C, D) Policy 18.1.3 - When considering the environmental effects of proposals to use and develop renewable energy resources, to have regard to: (a) the benefits to be obtained from the proposal at local, regional or national levels, including for economic, social or cultural wellbeing: a...

8. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 13 MB]

   ...Environment Commissioner D J Bunting Hearing: at Dunedin on 19 February 2018 (Final submissions received 9 March 2018) Appearances: L A Andersen for Port Otago Limited A J Logan and T Sefton for Otago Regional Council D A Allan and MCWright for Environmental Defence Society and Royal Forest and Bird Protection Society of NZ Incorporated (section 274 parties) R B Enright for BP Oil NZ Limited , Mobil Oil NZ Limited and Z Energy Limited (section 274 parties) Date of Decision: 28 Se...

9. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   ...confers a broad discretion.6 The court is guided by a body of general principles developed through the case law and recorded in the court's Practice Note and that guidance is useful in this context.7 This is bolstered in the High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd (‘BW Offshore’), which highlighted the importance of not being inconsistent, when exercising the discretion, with well- established principles.8 In particular, as part of...

10. ENVC paper Challenges Changes in Environment Court 2013 [pdf, 103 KB]

    ____________________________________________________________________ CHALLENGES AND CHANGES IN THE ENVIRONMENT COURT _____________________________________________________________________ Paper presented by Acting Principal Environment Judge Laurie Newhook to 3rd Annual Environmental Law and Regulation Conference Wellington, 16 and 17 April 2013 Recent initiatives for efficiency of process in the Environment Court [1] I have been asked to speak today about recent and curren...