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1. [2021] NZEnvC 166 W North Limited v Greater Wellington Regional Council [pdf, 166 KB]

   ...Max Curnow, who is an enforcement officer for the Council. As the Appellant notes, in considering whether the area in question might be a wetland, Mr Curnow referred to the definitions within the Proposed Natural Resources Plan and the National Environmental Standards for Freshwater. Neither of those documents were in force at the time the resource consent was granted in 2017. [4] On 28 June 2021, the Appellant was served with an Abatement Notice issued under s322 of the Resource Ma...

2. [2021] NZEnvC 006 Bay of Islands Maritime Park Inc v Northland Regional Council [pdf, 694 KB]

   ...K Littlejohn for Mangawhai Harbour Restoration Society Incorporated (MHRS) M Doesburg for Northland Regional Council (the Council) 10 February 2021 10 February 2021 DECLARATION OF THE ENVIRONMENT COURT A: The Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F / Regulations) apply to the coastal marine area (CMA) only to the extent that they cover the area of CMA upstream of the "river mouth" as defined in the Resource Managem...

3. Otorohanga District Council.pdf [pdf, 230 KB]

   ...accounting system and monitoring in each Freshwater Management Unit, including: … e. Consulting with the owners and operators of regionally significant infrastructure that have point source discharge consents, in relation to the location of the environmental monitoring sites that will be used for the collection of data for monitoring and assessing progress toward achieving the Table 3.11-1 water quality attribute states. This consultation will include ensuring that the environ...

4. [2022] NZEnvC 096 Canterbury Regional Council v MacLee Holdings Ltd [pdf, 202 KB]

   ...timetable, and acknowledges that she did not appreciate what would be involved in terms of compliance with the orders.7 However, she explains that she has recently taken steps to correct the situation by entering into a contract with Sephira Environmental Limited, a specialist environmental consultant firm with expertise in contaminated site remediation.8 Sephira has advised Ms Bullock that four 6 Affidavit of L M Bullock, dated 7 June 2022 at [6]. 7 Affidavit of L M Bullock,...

5. [2023] NZEnvC 014 Federated Farmers of New Zealand v Marlborough District Council [pdf, 139 KB]

   ...contribute to the control of animal and plant pests and help to minimise crop diseases. Use of agrichemicals in the environment is controlled under the Hazardous Substances and New Organisms Act 1996. Each agrichemical must be approved for use by the Environmental Protection Authority. The Authority can also impose specific controls on the application of agrichemicals to ensure safe use. The policy signals that the Council’s role in controlling the application of agrichemicals...

6. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...adaptable resource management processes; and c. robust and durable resource management decisions. 5. The principal proposed amendments are to the Resource Management Act 1991 (‘the principal Act’), the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, and the Environmental Protection Authority Act 2011. The Bill would also amend the Conservation Act 1987, the Reserves Act 1977, and the Public Works Act 1981. 6. To achieve the purpose of the Bill, th...

7. [2024] NZEnvC 072 McCallum Bros Limited v Manuhiri Kaitiaki Charitable Trust [pdf, 7.2 MB]

   ...whenua effects, including effects on Māori and cultural beliefs, are not direct effects and therefore they do not adversely affect the environment. He appears to be relying upon the earlier decision of the Environment Court:6 The final class of environmental effects of the proposed sand extraction to which we have regard is indirect non-physical adverse effects. In this class we consider adverse effects on the natural character of the coastal environment (including the coastal mari...

8. 2022-06-30 ORC PC7 - [2022] NZEnvC 118 - Costs Decision [pdf, 208 KB]

   ...expenses (in full) would not be reasonable in this case. [9] The Environment Court is part of a wider civil justice system, and should take into account more general principles that have been developed by the courts when they are relevant; per Environmental Protection Agency v BW Offshore Singapore Pte 2 Ministerial Direction of David Parker (Minister for the Environment) to refer the Otago Regional Council’s proposed Plan Change 7 – Water Permits to its Regional Plan to the Env...

9. ENV-2017-AKL-000119 Federated Farmers of New Zealand v Auckland Council [pdf, 2.5 MB]

   ...Genetically Modified Organisms (GMOs) as such can be included in the proposed plan. GMOs are managed under the Hazardous Substances and New Organisms Act 1996. Under that legislation, central government has established a specialist agency, the Environmental Protection Authority (EPA), (formerly the Environmental Risk Management Authority, ERMA), which has responsibility for GMOs as such, and which is required to assess the risks inherent in the release of any GMOs. Once this is done a...

10. [2024] NZEnvC 125 Minister of Conservation v Marlborough District Council [pdf, 401 KB]

    ...Environment Judge 5 Appendix 1 Table 1: Parties Appellants ENV-2020-CHC-42 Minister of Conservation ENV-2020-CHC-50 Manawa Energy Limited ENV-2020-CHC-64 Royal Forest and Bird Protection Society of New Zealand Incorporated ENV-2020-CHC-67 Environmental Defence Society ENV-2020-CHC-74 Marine Farming Association Inc & Aquaculture New Zealand s274 parties Apex Marine Farm Limited Aroma (NZ) Limited & Aroma Aquaculture Limited Clearwater Mussels Limited and Tall...