Search Results

1. [2023] NZEnvC 154 Middle Hill Ltd v Auckland Council [pdf, 1.4 MB]

   ...Leading into the hearing there were still live issues regarding the traffic and transportation effects of the plan change. Those effects were resolved between the parties and amended rules put forward for the Court’s consideration. They related to permitted peak period traffic generation associated with the Middle Hill land resulting in amendments to Table I552.6.5.1 Threshold for development – Transport. Amendments were also proposed to I552.9 Special information requirements to s...

2. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...MHH-427121-233-638-3:jh Any no stopping’ lines shall be in accordance with the relevant standards of the WBOP Development Code 2009, Austroads, Traffic Control Devices Rule/MOTSAM. 31. THAT one arrival/site identification sign shall be permitted within the site frontage. This sign shall be limited to a maximum height of 3m in height and shall have a maximum signage area 3m2. The sign may be double sided but shall not be illuminated. Additional signs are permitted on site...

3. ORC & Fonterra Co-operative Group Ltd - EIC - Cain Duncan - 17 September 2021 [pdf, 3.1 MB]

   ...content than liquid effluent, which decreases the risk of nitrogen leaching following land application. 30 Due to the differences between solid and liquid effluents and the risks they pose when applied to land, it is appropriate to have a separate permitted activity provision in PC8 for regulating solid effluent 8 applications, which present a lower environmental risk than liquid effluent. Overview of effluent management 31 The management, treatment and application of efflue...

4. Nikora v Trustees of Tuhoe - Te Uru Taumatua Trust (2021) 252 Waiariki MB 157 (252 WAR 157) [pdf, 342 KB]

   ...breaches of the trust deed in relation to notice, the production of minutes, presentation and review of the annual report and audited financial statements, and making those documents available prior to AGMs. Mr Nikora alleged that iwi members are not permitted by the chairperson to ask questions or have discussions in an open forum at the AGM and he refuses to allow general business matters to be raised. Mr Nikora argued that this approach is a constraint on iwi members’ rights to...

5. ENV-2016-AKL-000xxx Sargisson & Barnes v Auckland Council [pdf, 3 MB]

   ...values, section sizes and existing intensity of development better accord with the objectives and policies for the SHZ; (e) If the area of Judges Bay we request revert to the SHZ were to remain zoned MHS as the Council’s decision confirmed, the permitted level of development and the development controls and performance standards for the MHS zone that enable more intensive development on smaller sites would enable a form and character of development that would adversely affec...

6. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...uses the sleepover for rest and sleep. Other community service workers apparently spend some of their time during a sleepover studying, watching television or engaged in other activities consistent with a quiet home environment that permits the other residents to sleep. [14] There is no doubt that community service workers engaged on sleepovers are subject to significant constraints on their activities but there were differences between the witnesses about the extent of t...

7. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...site, and obtain alternative vehicular access across the N property. [5] Mr XN indicated he wished to defer any agreement on Mr and Mrs VO’s request for an alternative access until a proposed change to the Council’s District Plan, which would permit subdivision of the N property, came into force. [6] Once that happened the parties reached agreement, documented on 27 June 2011 (the alternative access agreement). Mr and Mrs N agreed to grant to Mr and Mrs VO a right-of-way over...

8. 2020-12-07 Statement of Evidence of Roderick Henderson on behalf of the ORC [pdf, 1.1 MB]

   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. [2022] NZEnvC 063 Wayfare Group Ltd v Queenstown Lakes District Council [pdf, 861 KB]

   ...Lakes District Council on Stage 3 of the proposed Queenstown Lakes District Plan, in particular the variation to Ch 30 (Energy and Utilities). The appeal seeks that clearance of debris following flood or other natural hazard events be classed as a permitted activity rather than being caught by Ch 30 or the general earthworks provisions in Ch 25 (Earthworks). [2] I have read and considered the consent memorandum of the parties dated 23 February 2022 which sets out the agreement reac...

10. [2022] NZEnvC 049 Boonham v Kaipara District Council [pdf, 546 KB]

    ...by those connected to it. It appears that all resource consents must have regard to the various assessment criteria. It is arguable that on the current wording the Council could reach the conclusion that the subdivision or development may be permitted even though sufficient wastewater capacity is not in place. Although it is not within the scope of this hearing, it seems relatively clear that action by a Council to grant a consent where environmental effects could occur may lead...