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1. Taueki v Horowhenua Sailing Club Ltd - Horowhenua Lake 11 (Lake) Māori Reservation (2015) 337 Aotea MB 68 (337 AOT 68) [pdf, 158 KB]

   ...establish a long term strategy to address discharge into the Lake and its restoration. [10] Counsel confirmed that HDC was also preparing its resource consent application for the WWTP. As part of that application a comprehensive analysis of the environmental effect of the plant on the ground water and the Lake would be an integral part of that process. This work would establish an accurate and thorough understanding of the ground water issues in particular. Counsel argued that...

2. 2023-10-11-Rebuttal-Evidence-of-L-Dalzell.pdf [pdf, 241 KB]

   ...especially considering the conservative modelling approach the project has taken. Design Review Audit (Helen Anderson) 23. In response to the Design Audit concerns raised in the evidence of Ms Anderson: (a) During the development of the Cultural and Environmental Design Framework, my planning team and CEDF author, along with our Iwi Partners developed an Audit process to track the progress of the development of the design against the Principles in the CEDF, leading to lodgemen...

3. [2022] NZEnvC 208 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 739 KB]

   ...Robinson v IFaitakere Cit], Co111uil (No 13) [2010] NZEnvC 314 at [28]; Dery v Manmvatu-lf:-7anganui Regional Coumil [2013] NZEnvC 44; Apple Fields Ltd v Ch1istch11rch Ci!J Coumil ENVC Christchurch C138/05, 30 September 2005 at [43]. Upper Clutha Environmental Socie!J Inco,porated v Queenstown Lakes Dishict Coumil [2019] NZEnvC 78 at [23], [27]. 9 QLDC. There is no jurisdiction to grant a rehearing [24] For a number of reasons, I find I have no jurisdiction to grant a rehearing....

4. E75 Andrew Brown - EIC - Ngāti Whātua Orākei [pdf, 1.2 MB]

   ...statutory planning, I rely upon and am in general agreement with the assessment provided in Council’s s.87F Report. I am satisfied that the subject proposal represents the best practicable outcome in terms of avoiding, remedying or mitigating adverse environmental effects. 4.8 In terms of cultural effects, the s.87F Report defers consideration to Mana Whenua (section 9.15, p.50-51). The position of the s.274 Mana Whenua in support is that adverse cultural effects remain, but that...

5. [2020] NZEnvC 215 Awatarariki Residents Incorporated v Bay of Plenty Regional Council [pdf, 2.2 MB]

   ...November 2020. [21] We also received a joint affidavit sworn by Rick Whalley, Rachel Whalley and Pamela Whalley sworn on 3 December 2020. [22] Mr Blackwood is an engineer with over 40 years' experience in central and regional government environmental and civil engineering around New Zealand, specialising in rainfall and flood frequency (including the effects of climate change), river hydraulics and catchment and costal engineering. He has examined the environment at Matata an...

6. 2023-09-26-Evidence-of-David-Dunlop-Transport.PDF [PDF, 982 KB]

   ...transport outcome, as recorded in the Transport JWS, we identified that Option 3 was very likely to be outside the proposed designation boundaries. As also recorded in the Transport JWS, Mr Peet was of the opinion that other factors (such as environmental considerations, property issues and the existence of Māori land) would make Option 3 untenable. [18] Having reviewed the Transport JWS, the Council’s preferred option (connectivity option 3) is different to mine (connectivit...

7. Minute of the Environment Court (dated 21 June 2017) [pdf, 1.6 MB]

   ...NZRMA 394 (HC) at [72]. 21 Stirling v Christchurch City Council (2011) 16 ELRNZ 798 (HC) at [52]. 22 In common with any weighting exercise. 23 Southland Fish and Game New Zealand v South Regional Council & ors [2016] NZEnvC 220 at [23]. 24Environmental Defence Society Incorporated v New Zealand Kind Salmon Company Limited [2014] NZSC 38. 8 [27] Where, as appears to be the case here, the court is to consider a proposed Regional Policy Statement and proposed District Plan, i...

8. [2021] NZEnvC 088 Tran v City Rail Link Limited [pdf, 759 KB]

   ...by the Court arising from its substantive decision and reservation of costs following that decision. 26 Discussion [24] Ms Tran admitted in her evidence that the alteration to the notice of requirement avoided adverse effects to heritage and environmental values. 27 However, Ms Tran continued to oppose the residual aspects and to attack matters of process.28 The Court simply had no jurisdiction to grant some of the relief Ms Tran sought. 29 The Court was left to endeavour to get t...

9. [2017] NZEnvC 170 Auckland Council v Frogley [pdf, 359 KB]

   ...includes a table setting out the alleged breaches of the RMA, by reference to specific non-compliances as described in his affidavit, and I include that table here, for ease of reference: RMA Relevant AUPOP Rule I National Offender(s) Comment Section Environmental Standard (NES) S 9(3) District - Activity Table H19.8.2 Mr Frogley Zoning - Dwellings limited to (A72), (A78) 1 only on sites < 40 ha S 9(3) District - Activity Table H19.8.1 Mr Frogley Zoning - Minor Dwellings and (A2...

10. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

    ...attending Hui in relation to the land, it makes it difficult for those owners who wish to fully utilise their interest to do so, and in terms of governance as with all Maori land blocks there are competing issues of prioritise in terms of cultural and environmental as opposed to commercial and how development takes place and difficulties arise as kinship ties are separated or lost and that it would be better for the block as a whole if clusters of Whanau who were in common agreement...