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1. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

   ...reaching the conclusion I have. This is particularly having regard to the direction that activities within an area, should not have adverse effects that diminish the amenity of neighbouring areas, and ensuring activities do not adversely affect the environmental and amenity values of an area, or adversely affect existing 8 activities1 Bulk, Dominance, Privacy, and Outlook [11] In respect of bulk, dominance, pnvacy, and outlook the cotn1lllss1oner considered the Oceanside apa...

2. KQ v UN [2023] NZDT 127 (10 May 2023) [pdf, 104 KB]

   ...‘luxating patella’ would not regard a puppy that has, or is very likely to develop, that condition as being reasonably acceptable. 9) The respondent suggests that [the dog]’s contracting of ‘luxating patella’ could be attributed to environmental factors. I do not consider there is any credible evidence to support this explanation. As stated above, it is likely that it was inherited. 10) Attempting to apply the principles of the Consumer Guarantees Act to a family pet is...

3. ENV-2018-AKL-000149 Fulton Hogan Limited v Auckland Council [pdf, 7.9 MB]

   ...makes it more difficult to give effect to the Part 2 matters addressed above. Finally, while additional development provisions are provided, a consent is still required and this will trigger a site assessment and the development of an assessment of environmental effects. The Council, as the consent authority, is able to assess any proposal and impose conditions where control has been retained and includes, amongst other things: i. the location of the activities; IHP Report to AC Topic 02...

4. Federated Farmers of New Zealand.pdf [pdf, 582 KB]

   ...wellbeing of the Waikato and Waipā Rivers. However, Federated Farmers considers that the regulatory and non-regulatory methods proposed in PC1 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. 4. Federated Farmers is interested in all the issues raised by the Appell...

5. FFNZ - EiC - F Doolan-Noble - Rural Health (25 Jan 2021) [pdf, 203 KB]

   ...https://www.rasv.com.au/recharge-program/news-items/impact-of-chronic-stress-such-as-drought-on- farmers/ 4 Daghagh Yazd S, Wheeler SA, Zuo A. Key Risk Factors Affecting Farmers' Mental Health: A Systematic Review. International Journal of Environmental Research and Public Health. 2019;16(23):4849. Published 2019 Dec 2. doi:10.3390/ijerph16234849 5 Askew, Louise E.; Sherval, Meg; and McGuirk, Pauline M., "'Not just drought.' Drought, rural change and more: perspec...

6. [2022] NZEnvC 151 Greenacres Waiheke Limited v Auckland Council [pdf, 131 KB]

   ...improvements to the treatment of organic waste at 1 Fisher Road, Waiheke Island and that application is being processed by the respondent; the steps being taken by the appellant to date to change the treatment processes on site are intended to improve environmental outcomes; (b) the continued operation of the organic waste treatment facility ensures the continued availability of an essential service to the residents and businesses of W aiheke Island, avoiding potential adverse public he...

7. ENVC Hearing 6Oct14 WML rebuttal Jon Styles [pdf, 48 KB]

   ...5. To preface the assessments I have undertaken, I note that none of the operational noise sources in the marina are expected to generate noise containing Special Audible Characteristics as defined by section 6.3 of NZS6802:2008 Acoustics – Environmental Noise. LA10 to LAeq Assessment 6. As required by section 10 of the Joint Statement, I have prepared an assessment of noise effects arising from the proposed change in noise level descriptor from the older LA10 metric used in...

8. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

   ...for costs to be awarded in enforcement order proceedings. That is on the basis that if a party puts a local authority to the cost and expense of having to obtain an enforcement order from the Environment Court to compel that person to meet their environmental obligations, it is entirely appropriate that the person subject to the order should contribute to the local authority's costs of obtaining it. That is clearly the case in this instance. [22] Further, I am satisfied that th...

9. 2021-07-30 ORC - Legal submissions - reply on pORPS [pdf, 132 KB]

   ...in the evidence of Mr De Pelsemaeker, the Council considers that potential conflicts in the application of the NPSFM and NPSUD are reconciled in the integrated management chapter of the pORPS, and the requirement that water only be used within environmental limits. 8 Submissions for the Territorial Authorities – pORPS at [22]. 9 See pORPS, LF-WAI-O1, LF-WAI-P1-P4. 4 Duration of water permits for community water supplies 12 The TAs submit that enabling w...

10. [2023] NZEnvC 042 The Bears Home Project Management Limited v Auckland Council [pdf, 240 KB]

    ...time to support the grown-in phase of the golf course. 20. The proposed reservoir construction and enabling works are subject to a range of consent conditions requiring the preparation of: (a) Lizard Management Plan; (b) Construction and Environmental Management Plan; (c) Erosion and Sediment Control Plan; (d) Erosion and Sediment Control Adaptive Management Plan; (e) Flocculation Management Plan; (f) Dust Management Plan; (g) Construction Traffic Management Plan; (h) L...