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  1. [2024] NZEnvC 238 Coast Road Resilience Group Inc v West Coast Regional Council [pdf, 3.9 MB]

    ...necessary. I have also read and considered the affidavit of planner, Katherine McKenzie,3 who described the fundamental changes agreed to the conditions of consent, recording her opinion that the agreed changes are within scope and will:4 (a) aid in providing clarity and consistency; (b) reduce the effects or the risk of effects occurring from the mining operation; and/or (c) reduce the extent of operations on the site from those granted on first instance. Other relevant mat...

  2. Waitangi Tribunal - Te Urewera [pdf, 3.8 MB]

    ...alienation of Urewera land. By the terms of the Act, Tuhoe were empowered to alienate land only to the Crown; it retained a right of monopoly purchase. Nevertheless, a title system was established to exclude the Native Land Court and provide Tuhoe with legally recognised institutions that would enable them to control the vesting and alienation of land themselves. It had the potential to be a bold and far- reaching experiment for both the Crown and Maori. Chapter 7 broadly examines the investig...

  3. [2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]

    ...Strategic Objective 3.2.1. Queenstown Lakes District Council, hearing of submissions on Proposed District Plan, Report 3, Report and Recommendations of Independent Commissioners Regarding Chapter 3, Chapter 4 and Chapter 6, at [91). https://www.aide.govt.nz/plan ninq/district-plan/proposed-district-plan-stage-1 / Refer to Annexure 2 for ODP provisions not the subject of the review. 4 [71 An aspect of this is the incorporation into the ODP of the proposed Ch 3. The ODP presently h...

  4. [2017] NZEnvC 088 Save Wanaka Lakefront Reserve Inc v Queenstown District Council [pdf, 12 MB]

    ...lakeside beach to the east of the proposed building (the plan entitled 'Combined Water Sports Facility Building Landscape Concept Plan - Trust's Preferred Option'). [22] Neither the Council nor Save Wanaka questioned whether there is legal scope to modify the proposal to allow for either the building move or boardwalk removal 10 A R Madill, supplementary evidence dated 12 April 2017, at 1.4. 8 proposals. In terms of the principles in Estate Homes,11 we are satisfi...

  5. [2017] NZEnvC 088 Save Wanaka Lakefront Reserve Inc v Queenstown District Council [pdf, 12 MB]

    ...lakeside beach to the east of the proposed building (the plan entitled 'Combined Water Sports Facility Building Landscape Concept Plan - Trust's Preferred Option'). [22] Neither the Council nor Save Wanaka questioned whether there is legal scope to modify the proposal to allow for either the building move or boardwalk removal 10 A R Madill, supplementary evidence dated 12 April 2017, at 1.4. 8 proposals. In terms of the principles in Estate Homes,11 we are satisfi...

  6. Waitangi Tribunal - Part 1 Rangahaua Whānui District Auckland [pdf, 6.3 MB]

    ..." I i "---;- - i i \ ! L _J PREFACE The history of land alienation in Wairarapa is not punctuated by any spectacular focal point for grievance like those areas in which large tracts of land were confiscated. All of the land was paid for in some way. Yet, the end result for Maori by the end of the nineteenth century was landlessness and social and economic marginalisation on a scale comparable to, if not more severe than, some of those areas affected by confiscation...

  7. Waitangi Tribunal - Part II Te Urewera [pdf, 6.9 MB]

    ...to Crown-aligned chiefs at Te Hatepe  ? What did Crown officers think the effect  of the deed was  ?   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 (a) The legal status of the cession  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 7 .5 .3  Why d...

  8. David Bain report of Hon Ian Binnie QC on compensation claim [pdf, 1.1 MB]

    ...instructions of the respective trial judges.    12. I received extensive written submissions in support of David Bain’s claim from Mr Joe  Karam, prepared with the assistance of Mr Michael Reed, Q.C. and Mr Matthew Karam (David  Bain applied for Legal Aid but did not obtain it).  Mr John Pike and Ms Annabel Markham of the  Crown Law Office responded with a detailed rebuttal, and significant additional and helpful  mate...

  9. 2021-10-22 ORC PC7 - [2021] NZEnvC 164 - Interim Decision [pdf, 1 MB]

    ...has adverse effects on the environment, on communities, and the economy; and (d) economic and domestic activities use natural resources but do not always properly account for the environmental stresses or the future impacts they cause. 19 Legal submissions for the Minister for the Environment Regarding Notified Regional Policy Statement [‘MfE supplementary submissions (July)’)] at [8]. Legal submissions for the Otago Regional Council in relation to the proposed Otago Regiona...

  10. E91 Kurt Grant - Construction Methodology - RE – Applicant [pdf, 9.5 MB]

    ...Statutory Framework Legislative and Other Requirements This section details the statutory framework and other requirements for environmental management of the Project and outlines the relevant legislation, policies and plans. National Legal Requirements and Policies Construction of the Project must comply with a range of national legislation, regulations, strategies and policies in order to provide for the management of environmental effects. The key documents, national envir...