Search Results

1. [2023] NZEnvC 093 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 7 MB]

   ...erection, reconstruction, placement, alteration, extension, maintenance, repair, removal, or demolition of a structure in a Mooring Zone or the General Marine Zone and any occupation of the common marine and coastal area by the structure that is not a permitted, controlled, restricted discretionary or non-complying activity in Section C.1.1 of this Plan, and the use of the structure are discretionary activities, provided: 1) it is not in a mapped (refer I Maps | Ngā mahere matawhenua...

2. [2024] NZEnvC 296 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 1.2 MB]

   ...discretionary activities – H25.8.1 Matters of discretion and H25.8.2 Assessment criteria. As it transpired, we are also unanimous on this issue. [57] We need to keep in mind that the context of this is that construction of buildings up to 16 metres is permitted, is restricted discretionary up to 21 metres, and full discretionary beyond 21 metres. In relation to the restricted discretionary, it only applies in Area 2 not in Area 1. So that is 21 metres for Area 2. We note that Area 1...

3. Tane - Hauturu East 8 (2015) 104 Waikato Maniapoto MB 95 (104 WMN 95) [pdf, 8.9 MB]

   ...Maniapoto 112 (ii) Recognition of their rights to receive individual and/or collective proportional distribution of funds generated from HE8; (iii) Restriction of the RUHT to operate as an administrative trust only until the termination of the licence to THL or the year 2029 whichever comes first. d) The RUHT trustees’ proposal is “the single biggest threat to the restoration of the mana over Tanetinorau land and would particularly disadvantage all Tanetinorau descenda...

4. [2006] NZEmpC AC 39/06 Epic Packaging Ltd v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 123 KB]

   ...employer. These include clause 13 (hours of work), clause 15 (overtime), clause 16 (meals/rest periods/wash up), clause 17 (meal allowances), clause 18 (call backs), and clause 19 (shifts). [11] As noted above, clause 2.1 of the Plastics agreement permits the union to vary it unilaterally to include another specified employer party. Any subsequent or other variations require negotiation with, and the agreement of, other parties to the agreement including, in particular, the other...

5. [2015] NZSAAA 03, ( 11 March 2015) [pdf, 97 KB]

   ...more than three weeks, because of a break in tuition at that … tertiary institution, the payment of any allowance … must be suspended 4 until [teaching is resumed] in a course in which the student is enrolled, unless the chief executive permits payment to continue.” [10] The meaning of “suspend” in reg 35(2) – Although in the event it is not in issue in this appeal, the correct interpretation of reg 35(2) is a matter of some uncertainty. The Ministry interprets t...

6. [2023] NZEnvC 205 Kelly v Nelson City Council [pdf, 5.5 MB]

   ...hearing commissioner to Enner Glynn Limited, for resource consents to undertake a boundary adjustment subdivision between Lot 1 DP 549973 and Lot 1 DP 398831, and to create six residential allotments, associated earthworks, land use and discharge permits. [2] I have read and considered the memorandum of the parties dated 1 August 2023 seeking a consent order, and the memorandum of the parties dated 18 August 2023 providing explanation and context for the agreed amendments to the con...

7. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   ...that allow multiple decisions to be made (or not made) that enable individually 'minor' or 'insignificant' adverse effects on ecosystems to occur at different times. This death by a thousand cuts can occur, for example, through permitted activities. Cumulative effects can also be promoted by a strong focus on S Walker evidence-in·chief 12 and 13 [Environment Court document 11]. 10 ecologically significanl' · ecosystems, which may lead to only Ihe 'b...

8. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 6.3 MB]

   ...significant infrastructure within Outstanding Natural Features and Landscapes, Outstanding Natural Character areas and Indigenous Biodiversity Areas category A; and (b) those relating to Iwi Management provisions as they affect status of certain permitted activities and some wider rewording. 1 [2] Following the hearing the Court made the following directions: [100] Beyond this, we confirm the wording agreed between the parties at "A", with the exception of the standards....

9. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

   ...zoning maps. SCAR and SHZ activity classes and rules and related General Rules [8] One illustration of the cross-overs between the SHZ and the SCAR is in the rules that each specify as to the activity classes for RMA consenting purposes (and permitted activities). [9] The SCAR activity classes (in Rule 018.4 activity table 018.4.1) focus on works in relation to buildings. Within certain specifications, building alteration, demolition, removal, relocations and new buildings are t...

10. Federated Farmers of New Zealand.pdf [pdf, 582 KB]

    ...uses, or to make significant reductions to a ‘High’ NLLR. Note Policy 2(c), requiring that resource consents will generally not be granted, is expressly linked to Policy 5 – providing for offsetting and compensation. Rules Rule 3.11.4.1 Permitted Activity Rule – Small and very low intensity farming Policy 1(c) enables low intensity farming as a permitted activity where there is a “low risk of diffuse discharge of contaminants”. Rule 3.11.4.1 increases the per...