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1. Media statement from the Chief Justice - 22 February 2021 [pdf, 405 KB]

   ...Tuesday 23 February. This will bring Auckland courts in line with the rest of the country. COVID-19 Alert Level 1 protocols will apply. ALERT LEVEL 1 General safety arrangements Whānau and other support people, and members of the public, are permitted to attend court at COVID-19 Alert Level 1 and do not need the permission of a judge to do this. Everyone attending court is strongly encouraged to track where they have been, using the QR code or a personal record. Wearing a...

2. 2021-02-05 – McArthur Ridge Vineyard Ltd, Mount Dunstan Estates Ltd & Strath Clyde Water Ltd – notice – cross-examination (5 Feb 2021) [pdf, 510 KB]

   ...norman.elder@awslegal.co.nz Email: kgr@kelvinreid.co.nz IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 IN THE MATTER 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 AND...

3. [2023] NZEnvC 231 Environmental Defence Society Incorporated v Marlborough District Council [pdf, 741 KB]

   ...the proposed Marlborough Environment Plan (‘pMEP’). The relevant appeal point was allocated to Topic 5: Indigenous Biodiversity and is the final appeal point in subtopic 5.9. It concerns the extent that indigenous vegetation clearance is permitted in order to construct a dwelling in the Coastal Living Zone. [2] The court has now read and considered the consent memorandum of the parties dated 25 September 2023. It sets out the agreement reached between the parties to resolve t...

4. Auckland Standards Committee 2 v Miller [2020] NZLCDT 24 (7 August 2020) [pdf, 108 KB]

   ...Prof D Scott On the papers DATE OF DECISION 7 August 2020 COUNSEL Mr P Collins for the Standards Committee Mr R Walker for the Practitioner 2 REASONS FOR DECISION OF TRIBUNAL RE PENALTY [1] Mr Miller made arrangements that permitted another practitioner, who had been suspended, and then struck-off, to practise. These regrettable actions blight what has otherwise been a good professional record at what, for grave health reasons, proves to be the end of Mr Mille...

5. 2020 NZEnvC 145 Haines v Northland Regional Council [pdf, 367 KB]

   ...2 REASONS [1] On 15 May 2020 the Northland Regional Council (the Council) issued two abatement notices requiring Mr R Haines and Waitoto Developments Limited (the appellants) to cease any open burning not authorised by a resource consent or permitted by a rule in a Regional or Proposed Plan in the entire Northland Region and Constituencies. [2] The appellants filed appeals against the abatement notices on 8 June 2020 on the grounds that the fire of 11 May 2020 had been extingui...

6. 2021-05-21 Strath Clyde Water Ltd - MOC - notice of cross-examination of JWS witnesses [pdf, 604 KB]

   ...norman.elder@awslegal.co.nz Email: kgr@kelvinreid.co.nz IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 IN THE MATTER 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 AND...

7. 2021-05-21 D-G of Conservation - notice of cross-examination of JWS witnesses [pdf, 114 KB]

   ...2021: a. Planning Expert Panel re JWS – Schedule 10A.4 controlled activity and restricted discretionary activity rules and Objective 10A1.1, dated 7 May 2021; and b. Planning Expert Panel re JWS – Planners Expert Conferencing on Deemed Permits and Associated Rights of Priorities, dated 17 May 2021. 2. I understand it is intended the Mr Maw for the Regional Council will lead evidence from the Planning Expert Panels before any examination by parties. I will only cross-examin...

8. Lochiel Farmlands Limited 98 [pdf, 171 KB]

   ...competition 3 LFL is not a trade competitor for the purposes of section 308C or 308CA of the Resource Management Act 1991. The Proceedings 4 LFL is interested in all of the appeal and in particular amendments sought by WPL in: (a) Rule 3.11.4.3 – Permitted Activity Rule – Low intensity farming; (b) Rule 3.11.4.4 – Controlled Activity Rule – Moderate Intensity farming; (c) Schedule C; and (d) Schedule D1. Particular Issues 5 The relief sought at: 2 PXK-592...

9. Mackenzie Irrigation Company [pdf, 627 KB]

   ...6.1. The Mackenzie District Council has adopted a correct interpretation of rules 12.1.1.g, 12.1.1.h and rule 15 of the Mackenzie District Plan. The combination of these rules has provided exceptions to otherwise proscribed vegetation clearance to permit legitimate farming activities and development in very limited circumstances. That interpretation has been relied upon by farmers for many years in the context of undertaking farm activities. 6.2. There is no evidence that vegetation cl...

10. Lochiel Farmlands Limited 102 [pdf, 170 KB]

    ...appeal and in particular amendments sought by FFNZ in: (a) Method 3.11.3.6 – Koi carp and Canada geese management; (b) Schedule C – minimum farming standards; and (c) Schedule D1 – requirements for Farm Environment Plans for farming as a permitted activity. Particular Issues 5 The relief sought at: (a) Page 45 of Appendix 1, retain Method 3.11.3.6 and amend Policies 2, 4, 15 and 16, and adopt a new method 3.11.3.2A; 2 PXK-592901-3-69-V2:pxk (b) Page 49 of Append...