Search Results

1. [2018] NZEnvC 096 Clevedon Protection Society 2017 Incorporated v Auckland Council [pdf, 31 MB]

   ...relevant parts of the Special Purpose Quarry Zone matter of control (traffic and access) and associated assessment criteria - condition 19(b) and 19(c)(viii). This will ensure that any review process is appropriately circumscribed. [11] Finally, a new condition 6A has been added to reinforce the importance of the QMP complying with the conditions of consent. 4 Part B - Land Use consent [12] A key concern of CPS and most of the s 274 parties was the hours of operation and the...

2. [2022] NZEnvC 101 Otago Regional Council - Urban Provisions [pdf, 1.9 MB]

   ORC PC8 – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 101 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under s149T(2) to decide proposed Plan Change 8 to the Regional Plan: Waste for Otago (referred to the Environment Court by the Minister for the Environment under s142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant Court: Environm

3. [2022] NZEnvC 101 Otago Regional Council [pdf, 1.4 MB]

   ORC PC8 – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 101 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under s149T(2) to decide proposed Plan Change 8 to the Regional Plan: Waste for Otago (referred to the Environment Court by the Minister for the Environment under s142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant Court: Environm

4. Responsiveness to Resource Management Issues - a New Zealand perspective a paper by Commissioner K Edmonds [pdf, 244 KB]

   Australasian Conference of Planning and Environmental Courts and Tribunals (ACPECT 2016) Responsiveness to Resource Management Issues - a New Zealand perspective Commissioner Kathryn Edmonds Environment Court (NZ) Background Condition setting on resource consents is an important and often challenging part of the Resource Management Act (RMA) resource consent process in New Zealand and has been a cause for concern, not least in terms of the ability and enforceabili...

5. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...party. Mr Fletcher challenged that determination and Sharp Tudhope Lawyers applied to strike out the challenge because, it said, this was precluded from consideration by the Court under s 179(5) of the Act. [32] At [8] and following, Judge Inglis addressed the question as follows. After setting out subs (5) of s 179, which is materially identical to subs (4) of s 177, and referring to what was then the recent case of H v A Ltd, the Judge concluded: 11

6. ENVC Hearing 6Oct14 AC rebuttal Richard Reinen-Hamill [pdf, 4.2 MB]

   ...Chromated Copper Arsenate (CCA) treated timber piles and the risk of leaching. 17. H6 timber is the appropriate grade of timber for marine works and this continues to be specified and used on the majority of wharf and jetty construction in New Zealand. The majority of the CCA fixed within timber remains there over its lifetime of service. Studies for the EPA1 identified that there are no other approved methods for treating timber to be used in the marine environment and tha...

7. ENVC Matiatia expert witness landscape recreation 2014 [pdf, 1.7 MB]

   ...Statement 16 ASSESSMENT OF THE PROPOSAL The experts assessed the proposal in two parts: landscape and visual effects; and recreation and tourism effects. LANDSCAPE AND VISUAL EFFECTS 19. The experts agree that the majority of mitigation which addresses any marina's landscape and visual effects must be built into the fundamental design and location of that marina. 20. There was discussion about the different assessment methodologies applied by individual landscape experts. Afte...

8. [2016] NZCA 54 CA427/2015 Scarborough v Micron Security Products Limited [pdf, 149 KB]

   ...advance. Ms Scarborough challenged the Authority’s decision to the Employment Court, which dismissed the challenge and various related applications and awarded costs. [3] It is convenient to set out the relevant procedural history before addressing the matters on which leave to appeal is sought. (a) 11 June 2014: the Authority determined Ms Scarborough’s dismissal was substantively justified but procedurally flawed, and awarded $750 as “distress compensation” to Ms Sc...

9. Potatoes-NZ-Incorporated.PDF [PDF, 908 KB]

   ...Incorporated wish to be a party to the following proceedings: Appeal To The Environment Court In Respect Of Decisions On The Proposed Waikato Regional Plan Change 1: Waikato And Waipā River Catchments: ENV 2020 AKL: 000102: FEDERATED FARMERS OF NEW ZEALAND INC. 1) Potatoes New Zealand (PNZ) is a person who has an interest in the proceedings that is greater than the interest that the general public has; because the appeal is lodged on behalf of the organisation representing potato...

10. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

    ...circumstances, by virtue of clause 11, “due fulfilment” would not have occurred, and removal cost would be chargeable. 10. Clause 12 set out what would occur at the end of the lease. The options were set out to either terminate, start a new agreement for the same doors, or start a new agreement for a new entry system. That clause was silent on creating any obligation on NI to pay for removal if the contract was terminated. 11. Consequently, the contract only required NI to...