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1. 2021-04-07 - ORC - legal submissions - scope [pdf, 266 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KOTI T AIAO O A OT EA ROA OTAUTAHI ROHE UNDER IN THE MATTER AND IN THE MATTER BETWEEN ENV-2020-CHC-127 the Resource Management Act 1991 (RMA) of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA of an application under section 149T of the R...

2. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...it thinks fit, make 1 or more of the orders specified in subsection (2). (2) The orders are as follows: (a) 1 or more of the orders that can be made by a Committee under section 93 (except under section 93(1)(ha)): (b) an order cancelling the licence of the licensee and, in the case of a licensee that is a company, also cancelling the licence of any officer of the company: (c) an order suspending the licence of the licensee for a period not exceeding 24 months and, in the case of a...

3. [2021] NZEnvC 096 Northland District Health Board v Northland Regional Council [pdf, 9.7 MB]

   ...,,,,,,:! 2 Date of Issue: - 9 JUL 2021 DECISION OF THE ENVIRONMENT COURT A: A: The parties' agreement as to the definition of Spray Sensitive Areas has been settled in terms of the Proposed Regional Plan. The parties have agreed that the permitted activity standards should be concluded by reference to those Spray Sensitive i\reas. B: The parties have reached agreement by consent memorandum dated 1 June 2021 as to the wording of the plan provisions that relate to: (a)...

4. Review of the Foreshore and Seabed Act 2004 Outstanding Policy Matters [pdf, 256 KB]

   ...Cabinet has recently made policy decisions about matters such as the jurisdiction of the High Court, the proposed awards and other technical matters including public access, the definition of private titles, local authority owned land, and leases and licences. Some further secondary decisions about these matters now need to be made to provide the specific detail about how they will be managed under the new regime. Status Quo Foreshore and Seabed Act 2004 4 Information about the backgr...

5. [2017] NZEnvC 141 NZ Energy Ltd v Manawatu Wanganui Regional Council [pdf, 622 KB]

   ...[6] The Court erred in law by failing to give the requisite consideration to the matters reserved for controlled activities in Rule 16-7 of the One Plan. [7] The Court failed to consider the appeal by the Trust against the variation of discharge permit relating to the Orautoha Stream. [5] Judgments [2], [3], [5] and [6] above relate to this Court's decision to renew the consents under like-for-like conditions. Collins J found that consideration of this option was outside the Co...

6. [2021] NZEnvC 127 Kainga Ora v Whangarei District Council [pdf, 3 MB]

   ...consistency and less restrictive consenting requirements. • Matters of discretion for the impervious areas, fences, and car parking rules: to provide greater clarity and specificity relating to the effects to be assessed for any non-compliance with permitted standards. • Design and orientation rules for residential units. • Residential unit rules in the GRZ Chapter: to simplify the maximum density permitted activity rule together with reinstating a Multi Unit Developmen...

7. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...trustees, the protection of minorities, and to allow the 7 300 Aotea MB 231 (300 AOT 231) 8 303 Aotea MB 31-61 (303 AOT 31-61) 9 306 Aotea MB 11-16 (306 AOT 11-16) 318 Aotea MB 223 trustees to permit occupation of marae land. The meeting also elected four new trustees bringing the total number of trustees to nine. [21] Mr Kauika-Stevens subsequently filed an order in relation to the existing dwelling on 9 September 2013....

8. [2019] NZEnvC169 Kapiti Coast District Council [pdf, 3.3 MB]

   ...as a result of the operation of Rules 7 A.1.1 and 7 A.5 (1) and (7) combined with the definition of commercial activity, which relevantly provide as follows: 1 • Rule 7 A 1.1 provides that - any activity which is not otherwise specified as a Permitted, Controlled, Restricted Discretionary, Discretionary, or Non­ Complying Activity in the Rules in Tables 7A.1-7A.5 is a Permitted Activity subject to compliance with various permitted activity standards contained in the Plan. •...

9. [2017] NZEnvC 171 Canterbury Landscape Supplies Ltd v Christchurch Regional Council [pdf, 780 KB]

   ...granted by way of decision [2017] NZEnvC 163. B. That Canterbury landscape Supplies ("ClS") forthwith undertakes in writing that conditions (a) and (b) of Order A in [2017] NZEnvC 163 are vacated and the following sUbstituted: (a) to permit a Canterbury Regional Council ("the CRC") officer or authorised agent to enter the land at any time twice each week to assess odour in accordance with the MfE Guidelines for Best Practice Odour Assessments (MfE GPG 2016);...

10. [2021] NZEnvC 013 East Harbour Environmental Association Incorporated v Hutt City Council [pdf, 1.7 MB]

    ...crushing, chemical application or burning but excludes trimming Vegetation means exotic and/or indigenous vegetation 20200701 Appendix I Proposed planning provisions for all zones(6416259.1).docx Chapter 4 General Residential Activity Area 4A 2.1 Permitted Activities (x) The removal of indigenous vegetation: (i) That was planted within a domestic garden for amenity purposes and/or the use of amenity or screening. (ii) Within 5 metres of a lawfully established dwelling. (iii)...