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  • Mobil Oil New Zealand Ltd v Development Auckland Ltd (Formerly Auckland Waterfront Development Agency Ltd): [2016] NZSC 89

    Remediation costs for contaminated sites at Pakenham and Beaumont Streets, Wynyard Quarter

    Date: 08 Aug, 2016
    Number: [2016] NZSC 89
    Author: Bronwyn Carruthers, Partner, and Michael Doesburg, Senior Solicitor, Russell McVeagh

    In a judgment delivered by William Young J, the Supreme Court upheld Mobil Oil New Zealand Ltd's ("Mobil") appeal against the Court of Appeal's decision requiring Mobil to pay Development Auckland Ltd ("Development Auckland") $10 million in remediation costs for contaminated sites at Pakenham and Beaumont Streets, Wynyard Quarter ("Sites"). 

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  • Hurunui Water Project Ltd v Canterbury Regional Council [2015] NZHC 3098: 3098

    Irrigation

    Date: 01 Mar, 2016
    Number: 3098
    Author: Bronwyn Carruthers, Partner and Michael Doesburg, Solicitor, Russell McVeagh

    Background - Amuri Irrigation Co Ltd v Canterbury Regional Council

    This case concerned an appeal of the Environment Court's procedural decision in Amuri Irrigation Co Ltd v Canterbury Regional Council [2015] NZEnvC 164 ("Amuri").  The issues in Amuri arose as a result of appeals over resource consents granted by Canterbury Regional Council to Hurunui Water Project Ltd for a large irrigation project.  Prior to the Environment Court hearing, the parties reached agreement on amendments to the consent conditions and filed draft consent documents.

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  • Hampton v Canterbury Regional Council (Environment Canterbury) [2015] NZCA 509: NZCA 509

    Water Rights

    Date: 09 Dec, 2015
    Number: NZCA 509
    Author: Bronwyn Carruthers, Partner and David Owen, Solicitor, Russell McVeagh

    In this case Simon Moffatt appealed a decision of Gendall J in the High Court refusing to overturn a decision by the Canterbury Regional Council ("ECan"), which granted Simon's cousin, Robert Moffatt, a right to take water to the extent that Simon's water rights to irrigate Robert's farmland were not exercised.

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  • Appealing Wanaka Inc v Queenstown Lakes District Council [2015] NZEnvC 139: NZEnvC 139

    The application of King Salmon in the context of a district plan change

    Date: 16 Oct, 2015
    Number: NZEnvC 139
    Author: Bronwyn Carruthers, Partner and Michael Doesburg, Solicitor, Russell McVeagh

    This recent Environment Court decision addresses a range of matters; however, this case note focuses on the application of King Salmon in the context of a district plan change.

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  • High Court's Decision on NZTA's Notice of Requirement for the Basin Reserve Bridge: NZHC1991

    New Zealand Transport Agency v Architectural Centre Inc & Ors [2015]

    Date: 01 Oct, 2015
    Number: NZHC1991
    Author: Daniel Minhinnick, Senior Associate and David Alley, Solicitor, Russell McVeagh

    The NZTA, in its endeavour to construct the Basin Reserve Bridge, has come up against another red light with the High Court's Decision in New Zealand Transport Agency v Architectural Centre Incorporated & Others [2015] NZHC 1991.  The High Court dismissed NZTA's appeal on the basis that NZTA had not established that the Board of Inquiry made an error of law in rejecting NZTA's application for resource consents and cancelling NZTA's notice of requirement.  The wide range of issues on appeal enabled the High Court to provide useful commentary on a number of RMA issues ranging from the limits of the High Court's jurisdiction on appeals of law to the operation of section 171(1), and from the proper consideration of enabling benefits to the application of Environmental Defence Society Inc v The New Zealand King Salmon Co Ltd [2014] 1 NZLR 593 to notices of requirement.    

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