Search Results

1. [2021] NZEnvC 140 Protect Aotea v Auckland Council [pdf, 545 KB]

   ...are within the scope of the actual and potential effects 3 on the environment of allowing the dredging activities, where there is a sufficient consent of a marine consent authority under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 there is no basis on which a consent authority under the RMA or this Court on appeal can undertake any competing assessment of those matters. b) POAL’s marine dumping consent forms part of the existing en...

2. [2022] NZEnvC 038 Land Matters Ltd v Wellington Regional Council [pdf, 593 KB]

   ...Freshwaterlvlanagement 2020 a11d Resot1rce lvla11ageme11t (J'Jatio11a! Enviro11me11ta! S ta11dards for Freshwate1) Regtliations 2020 [5] The National Policy Statement for Freshwater Management 2020 (NPS-FM) and the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-FW) came into effect following the lodgement of appeals. The Council has made amendments which are beyond the scope of the appeals, in reliance on s 44A and/ or cl 16 of Sched...

3. 01.-Evidence-of-Mr-Lonnie-Dalzell-Waka-Kotahi-Project-Overview64017177.1.PDF [PDF, 855 KB]

   .................................................................................... 16 PROJECT ROUTE AND DESIGN ......................................................................... 18 Project development and options assessment ................................................... 18 Cultural and Environmental Framework ............................................................. 21 CONSULTATION AND ENGAGEMENT ............................................................... 22 Horowhenua...

4. [2023] NZEnvC 082 Royal Forest & Bird Protection Society of NZ Inc v Dunedin City Council [pdf, 1.6 MB]

   ...a net gain in the biodiversity values of the area; or b. where there are no practicable alternative locations, any proposal for a biodiversity offset is in accordance with Policy 2. 2. 3. 6; or c. where a biodiversity offset is not practicable, environmental compensation is proposed in accordance with Policy 2. 2. 3. 7. Policy 10.2.1.3 Avoid rural activities (except for rural anciltary retail, rural tourism and rural research), residential activities (&xcept for working from hom...

5. RC - Felicity Boyd - Statement of Evidence - 17 December 2021 [pdf, 3.4 MB]

   ...--------------------------------------------------------------- 28 National planning standards ------------------------------------------------------------- 33 Regional policy statements -------------------------------------------------------------- 33 National Environmental Standards and Regulations ------------------------------ 36 Water Conservation Orders -------------------------------------------------------------- 38 Other regional plans ----------------------------------------...

6. [2024] NZEnvC 167 Director-General of Conservation v Northland Regional Council [pdf, 6.6 MB]

   ...reached by Ngāi Takoto Iwi and Te Aupōuri Iwi through Treaty settlement korero that their contemporary rohe boundary on Te Oneroa-a-Tōhe (Ninety Mile Beach) is at Hukatere. In aid of this submission, Te Make points to Te Iwi O Ngāi Takoto Environmental Plan (NEP) provisions said to record the Deed of 11 Memorandum of counsel on behalf of Te Make, dated 8 May 2024, at [2.1] and [4.1(b)]. 12 Memorandum of counsel on behalf of Te Make, dated 8 May 2024, at [3.3] ff. 12 Sett...

7. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

   ...would have adopted the Highest Recorded Groundwater Level ("HRGL") plus a 1 m buffer.18 Elsewhere in the decision the Commissioners appeared to regard the 1 m between excavations (hence backfilling) and groundwater to be "a critical environmental bottom line that should be adhered to 100 percent of the time and strictly enforced by the consent authorities".19 [21] It is clear that the Hearings Commissioners regarded 1 m freeboard above the static highest recorded...

8. 2021-07-05 Nga Runanga - Closing Submissions [pdf, 214 KB]

   ...of issues before the Court, it has taken a responsible and thoughtful approach throughout. PROBLEM DEFINITION AND ACCEPTANCE 9. It is submitted that there are two limbs to the problem that PC7 is intended to resolve: a planning problem, and an environmental one. The limbs are inextricably linked. Planning problem 10. PC7 is founded on the fact that the operative Regional Plan: Water for Otago (Water Plan) does not offer flow and allocation regimes for catchments in the Otago Region...

9. [2020] NZEnvC 102 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 425 KB]

   ...brief however, methyl bromide is a colourless, odourless gas which is fatal if received in large quantities for humans and animals. Special safety procedures have been authorised by HSNO and the EPA for their use and the issue is a subject of an Environmental Risk Management Authority Decision (ERMA) amended in 2011 for use of Methyl Bromide. [12] What is also clear is that the way in which the Northport log fumigation occurs is not exactly the same as that which occurred at the Por...

10. [2023] NZEnvC 243 Ngāti Kuku Hapū v Bay of Plenty Regional Council [pdf, 794 KB]

    ...commencement of this consent prepare a management plan for the Marina, which includes but is not limited to (refer to Advice Note 7 below): (a) The berth contract provisions (Marina agreement) which are directed at ensuring berth holders act in an environmentally appropriate manner. The agreement which should include controls, restrictions and management methods for: i. Fuel storage and usage; ii. Boat maintenance in the Marina; iii. Waste management; iv. Sewage management; v....