Search Results

1. 2021-04-27 - ORC - MOC - Priorities - conf.pdf [pdf, 108 KB]

   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 (RMA) 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 IN THE MATTER of an application under section 149T of the RMA...

2. Horticulture New Zealand.pdf [pdf, 166 KB]

   ...“immediate and constant” do not add any value to the objective. The policy framework in the decision version and the attribute states set out in the tables provide clear indication and direction for long term improvement. Schedule C and the interim permitted activity rule already set out immediate action. Policy 3(d) (iv) Delete references to offsetting and compensation Support Support deletion of specified offsets and compensation as this is already provided for in th...

3. [2023] NZEnvC 229 Horticulture New Zealand v Marlborough District Council [pdf, 575 KB]

   ...The court has now read and considered the consent memorandum of the parties dated 28 August 2023 which sets out the agreement reached between the parties. The parties agree to resolve these appeal points by: (a) adding a new advice note to the Permitted Activity rules in the relevant zones relating to qualifications and competency requirements under the Health & Safety at Work and the Hazardous Substances legislation; and (b) deleting a duplicate rule 2.12.11. Other relevan...

4. [2020] NZEnvC 103 Taranaki Energy Watch Inc v South Taranaki District Council [pdf, 1.2 MB]

   ...from an event occurring at a petroleum facility. [7] We address next the first three issues noted above as they each arise in the context of air quality and concern the question of whether sensitive activities and petroleum activities should be permitted to collocate within an area where air-borne contaminants may or will have an adverse effect on human health.4 Outstanding air quality issues [8] In this proceeding benzene is the indicator contaminant for other contaminants that...

5. [2011] NZEmpC 98 Snowdon v Radio New Zealand Ltd [pdf, 90 KB]

   ...was very anxious that at least we get the fraud proceedings on and out of the way and that would still be my most earnest desire. [3] Balanced against this is the medical evidence that Ms Snowdon’s health is deteriorating and is unlikely to permit her to be present at the trial and may not allow 1 [2011] NZEmpC 94 and [2011] NZEmpC 96. her to give instructions. In spite of the close involvement of her husband in these pr...

6. [2008] NZEmpC WC 13/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union (Wellington Branch) [pdf, 15 KB]

   ...interpretation of an agreement and the like. Those are matters that the Court is well used to and able to put to one side when weighing otherwise admissible evidence. [6] If the plaintiff intends to contradict the hearsay evidence that I have permitted the defendant to adduce in evidence-in-chief, it may do so by leading the documents that are known as Exhibits A, B and C to Mrs Kennedy’s affidavit, that is Mr Griffiths’ affidavit before the Employment Relations Authority and h...

7. [2023] NZEnvC 235 Environmental Defence Society Incorporated v Marlborough District Council [pdf, 167 KB]

   ...discretionary activity rule will be used. At times natural sources of sedime111t can affect water colour and clarity. The reference to •wt1ere practicable• rn (a} of the policy takes this occurrence into account. For example. the relevant standards for permitted activity land disturbance activities set an acceptable level of change relative to the existing state. Where excavations intercept groundwater at the time of the works (or thereafter), there is a possibi1ity of aquifer contam...

8. Tom de Pelsemaeker - MOC - minor corrections to Recommended Changes to PC7 (4 March 2021) [pdf, 104 KB]

   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 (RMA) 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 IN THE MATTER of an application under section 149T of the RMA...

9. BORA Arbitration Amendment Bill [pdf, 167 KB]

   ...restrictions on the reporting of proceedings heard otherwise than in open court. It requires the court, upon application by any party, to make a direction as to what information relating to the proceedings may be published. A court must make directions permitting information to be published if all parties agree and the court is satisfied that the information if published would not reveal any matter a party reasonably wishes to remain confidential, or if the court considers that a judgment...

10. El Callao Limited 209 [pdf, 77 KB]

    ...Panel) and insertion of a Height Variation Control (not recommended by the Panel) to continue in a new form one component of the deleted precinct. The Height Variation Control provides for greater height within parts of the precinct than would be permitted within the underlying Terrace Housing and Apartment Buildings zone. Nature of interest 3. El Callao has an interest in the proceedings that is greater than the interest that the general public has. 4. El Callao owns the property at 56...