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1. Rudd Senior v Procter - Horowhenua 11 Lake Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107) [pdf, 145 KB]

   ...hearing. We will discuss the trespass issue later in this judgment. Conflict of interest [27] Allegations of conflict of interest were made in respect of Dr Procter’s consulting role with Tanenuiarangi Manawatu Inc (“TMI”). TMI provides environmental services to Muaūpoko Tribal Authority (“MTA”). MTA has a Memorandum of Understanding with the Horizons Regional Council which provides that the parties will work together “to deliver environmental outcomes where there...

2. 2023-10-11-Rebuttal-Evidence-of-G-Eccles-Planning-Framework.pdf [pdf, 233 KB]

   ...parties. Within the realm of "avoid", minor and transitory effects can be tolerated as can adverse effects that are so minor, or can be conditioned, that they will not generate "material harm".10 This guidance needs to be 8 Environmental Defence Society Inc v New Zealand King Salmon Company Ltd [2014] NZSC 38 at [24], [62] and [96]. 9 Port Otago Ltd v Environmental Defence Society Inc [2023] NZSC 112 at [64] – [68], for example. 10 King Salmon above n 8 at [...

3. 2023-09-26-SOE_Stuart-Farrant_Stormwater.pdf [pdf, 237 KB]

   .......................................................................................................... 9 P a g e | 1 STATEMENT OF EVIDENCE OF STUART JAMES EDGAR FARRANT A. INTRODUCTION [1] My name is Stuart James Edgar Farrant. I am a Principal Ecological Engineer and Southern Regional Manager at Morphum Environmental Ltd and hold a Bachelor of Engineering Hons (Natural Resources) from University of Canterbury. [2] I prepared a report on the application required by se...

4. 09.10.-Kim-Tahiwi-and-Rawiri-Rikihana-Nga-hapu-o-Otaki-draft-evidence-3.07.23-BF-tracked-changes.PDF [PDF, 255 KB]

   ...Kia māori te whakaaro (normalise māori values) Me noho tangata whenua ngā mātāpono (embed the principles in all things) Tū ai te tangata, Tū ai te whenua, Tū ai te Wai (elevate the status of the people, land and water 2 Cultural and Environmental Design Framework, page 7. Page 7 SUMMARY OF CULTURAL EFFECTS 30. Although we are generally supportive of where the Project is at currently, and feel positive about the direction in which it is heading, the position o...

5. 2023-07-23-Submissions-of-Gary-Williams.pdf [pdf, 228 KB]

   ...has happened with previous expressway construction, cut backs and alterations are likely to be at the expense of local communities, their transport options and impacts on local environments. I would note that there is an array of measures, mostly environmental and offset, that are outside the proposed designation boundaries shown on the Application plans. I note your May letter says that the final design would be formally sent to the district and regional councils. This appears to be a...

6. ENVC Hearing 6Oct14 AC evidence chief Kala Sivaguru [pdf, 193 KB]

   ...rock breakwaters would be permanent but it could be replaced by an area of new artificial habitat with hard substratum which would attract a different suite of species. Benthic survey results of contained in the Report by Poynter & Associates Environmental Limited (PAEL) states that the benthic community was very limited in the proposed breakwaters area. Therefore, as stated in my peer review, I consider that the loss of this habitat and biota for the proposed breakwaters is l...

7. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...has failed to explore the possibility of settlement where compromise could have been reasonably expected; and (e) where a party take a technical or unmeritorious defence. 16 Taima Marine Ltd v U7aikato Regional Co11ncil [2006] NZRMA 485 (HC). 17 Environmental Protedion A11th01i!J v BW Offshore Singapore Pte Ltd [2021] NZHC 2577. 18 Foodst11ffs (Otago S 011thla11d) Prope,ties Limited v D11nedin City CoH11cil (1996) 2 ELRNZ 138. 19 DFC NZ Ltd v Bielf?J [1991] 1 NZLR 587. 10 [18) Th...

8. [2022] NZEnvC 093 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 249 KB]

   ...basis for findings, thus adding to the costs of the applicant.12 [16] The court has previously undertaken an assessment of “blameworthiness” when determining whether to award costs against councils.13 However, the recent High Court decision of Environmental Protection Authority v BW Offshore Singapore 6 Environment Court Practice Note, at clause 6.6. 7 Environmental Protection Authority v BW Offshore Singapore Pte Ltd [2021] NZHC 2577 at [19]. 8 Foodstuffs (Otago Southland) P...

9. [2023] NZEnvC 120 Dewhirst v Canterbury Regional Council [pdf, 4.5 MB]

   ...to do the Remediation and Enhancement Works; (b) the passage of time had led the respondent to consider that the Remediation and Enhancement Works required by sub-clauses C(e)(ii)-(v) inclusive of the Amended Order were unlikely to provide the environmental benefits first envisaged, but that it would be more appropriate to let natural processes continue to operate without being restrained by those works; (c) due to the existing authorisations held by the respondent, it was better...

10. [2022] NZEnvC 028 Bridesdale Farm Developments Limited v Queenstown Lakes District Council [pdf, 229 KB]

    ...Under s 285 RMA, the court may order any party to proceedings before it to pay to any other party the costs and expenses incurred by the other party that the court considers reasonable. This has been described as a broad discretion.4 However, in Environmental Protection Authority v BW Offshore Singapore Pte Ltd (‘BW Offshore’), the High Court reiterated the importance of not being inconsistent, when exercising the discretion, with well-established principles.5 In particular, as...