Search Results

1. [2019] NZEnvC 172 The New Zealand Fairy Tern Charitable Trust v Auckland Council [pdf, 13 MB]

   ...c_ RESERVE AREA co.MANAGEMENT AGREEMENT Date: 2014 PARTIES 1. TE ARAI COASTAL LANDS LIMITED (TACL) 2. AUCKLAND COUNCIL (Council) BACKGROUND A. The Te Arai North Land, including the Reserve Area, is subject to certain ecological and environmental protection mechanisms pursuant to Plan Change 166. B. The Reserve Area is to be vested in the Council as reserve land to form part of the Council's adjoining regional park land. C. The parties have agreed on arrangements for...

2. Youth Court - Playing to win: youth offenders out of court (and sometimes in) [pdf, 241 KB]

   ...the New Zealand context, references to a “welfare” response to youth offending refer to an historical approach that regarded offending by children or young people as necessarily symptomatic of problems or deficits with their personal, familial or environmental circumstances. A welfare approach would use the fact of criminal offending as an opportunity to address any and all welfare and care needs to a degree, and in ways, that were often disproportionate to the actual offending. 7 Mor...

3. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   ...fascistic control that the British monarch and its freemason fascism (the princes are freemasons and thus fascists by definition) is silently installing in order to perpetuate rule by its rich aristocrats and maintain their unrestricted socially and environmentally damaging excesses, glitter and power. [5] Equally his submissions are at times too abstract to be of meaningful assistance. We here refer by way of example to the “Improved Statement of Claim with Chronological Summary, Qu...

4. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

   ...Decision at [395J. Evidence of P Harte dated 15 July 2016 at [78J and [105J. Evidence of P Harte dated 15 July 2016 at [105J and [130J. Evidence of C Vivian for Fountainblue & Drs, dated 19 August 2016 at [8.2J: evidence of P D Reaburn for Environmental Defence Society dated 14 September 2016 at [23bJ . 10 for non-farm buildings within FBAs, and accordingly permitted activity status for all buildings within FBAs would better give effect to rural objective 3B(3)(c) and policy...

5. Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri (2015) 106 Taitokerau MB 210 (106 TTK 210) [pdf, 279 KB]

   ...has undertaken conservation treatment of the taonga. In a report prepared by Ms Johns in July 2010, she notes that the taonga are in an advanced state of degradation. She says: 4 Ideally these taonga should be stored/displayed in fairly strict environmental conditions, with a relative humidity (RH) of 55% and temperature of 20 c . If this is not possible care should be taken to avoid rapid and/or wide fluctuations in temperature and RH [and] care should be taken to ensure that th...

6. Memorandum of counsel for the Auckland Council in support of Notice of Motion under s291 of the RMA applying for waivers and directions dated 9 May 201 [pdf, 12 MB]

   ...processes relating to filing / service of section 274 notices will reduce the burden for submitters, who would otherwise be obliged to serve a potentially large number of parties with their section 274 notices. d. The waivers / directions will have an environmental benefit, by minimising the quantities of paper which would otherwise be generated by strict compliance with section 274 and Form 33. 14. From the Council's perspective, this first category of proposed waivers and dir...

7. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...2013) for the DSSP area. 4. Walkways / cycleways along riparian corridors and through buf fer planting should be designed to minimise any impacts on ecological function and give due consideration to personal safety and Crime Prevention Through Environmental Design (CPTED) principles. 5. Edge buf fer reserves should be located in accordance with the Drury South Industrial Precinct Plan, be a minimum of 30m in width and be planted in generally accordance with Diagram 5 below. Pl...

8. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...the nature and extent of the owners legal rights is a significant issue in its own right, it will not of itself address damage to the lake arising from activity on land owned by others. Neither will it resolve the vexed question of who pays for environmental degradation that has occurred over time and from a range of sources. The other parties to the proposed Accord all have an important role to play if a durable solution is to be found. The relative position of the owners will be g...

9. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

   ...Treaty of Waitangi (Te Tiriti o Waitangi) (s8). 14 RMA, s76(3), as discussed in Bridesdale Farm Developments Ltd at [27]-[30]. 15 RMA, s72. 16 RJ Davidson Family Trust v Marlborough District Council [2018] 3 NZLR 283 (CA), at [73]- [75]; Environmental Defence Soc. Inc v The New Zealand King Salmon Co Ltd [2014] 1 NZLR 593 (SC) at [90]. 10 Higher order instruments [21] In all relevant respects, the PDP gives effect to relevant higher order RMA national and regional instru...

10. [2024] NZEnvC 180 Tasman District Council v Schaeffner [pdf, 1.1 MB]

    ...using the tiny home in a manner that breaches this rule. Whether the court should make orders [58] The court retains a discretion to refuse to make an order. However, an order will seldom be refused where grounds are made out. The focus is on environmental effects and the public interest in maintaining the integrity of district 20 and regional plans and the RMA rather than the detriment that might be suffered by private individuals.18 [59] I find that it is fundamental tha...