Dunedin City Council – RM20.280

Public notice is hereby given pursuant to S.95A Resource Management Act 1991 that the following application for resource consent has been received by Otago Regional Council.

 

Decision

 

 

Hearing for the Proposed Landfill Site at Smooth Hill Livestream

Click here to view the livestreamed hearing days below.

 

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Application and other related documents

Consents Required from DCC

Submissions

Minutes

Otago Regional Council S42A Report

Applicant’s Briefs of Evidence

Submitter’s Briefs of Evidence

Applicant’s Legal Submissions and Applicant’s Case Book

Dunedin International Airport Limited - Legal Submissions and Case Book

Documents provided by Applicant at Hearing

Commissioner’s Comments on Conditions

Legal submissions on behalf of Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant and Casebook

Legal Submission Forest and Bird

Applicant’s Responses to Submitter's Evidence

ORC s42A Report Writer’s Statement of Reply and Final Legal Submission with Casebook

Submitters Presenting Notes

Hearing Schedule

Further Submissions of Counsel Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant

Minute 3

Minute 4

Applicant's Final Reply

 

Please see below a timetable of documents to be presented to Council for the hearing scheduled to take place week commencing 16 May 2022 and 23 May 2022. Documents should be forwarded to karen.bagnall@orc.govt.nz.

 

Who/what

Date due

Time due

Section 42A Reports from Otago Regional Council and Dunedin City Council

Wednesday 20 April 2022

 

Applicants’ expert and non-expert evidence

Friday 29 April 2022

2.00pm

Submitters wishing to speak in Te Reo, utilise sign language, or visual aids (power point etc)

As soon as possible but prior to Friday 29 April 2022

 

Submitters’ expert and non-expert evidence

Friday 6 May 2022

2.00pm

Applicants opening legal submissions and digital copies of any cases referred those submissions

Wednesday 11 May 2022

2.00pm

Parties presenting via video conferencing ie Zoom to provide written material ie statements of evidence, speaking notes and/or reports

No later than three days prior to scheduled appearance at hearing

 

Submitters who propose to have legal counsel presenting legal submissions on their behalf to provide submissions and digital copies of any cases referred to in those submissions

No later than three days prior to scheduled appearance at hearing

 

 

Dunedin City Council

Application No. RM20.280

The application (RM20.280) is for the following activities associated with the proposed Smooth Hill landfill:

  • Discharge Permit to discharge waste and leachate onto land, and discharge landfill gas, flared exhaust gases, dust and odour to air, and to discharge water and contaminants from an Attenuation Basin and sediment retention ponds, for the purpose of the construction and operation of a Class 1 landfill.
  • Water Permit to take of up to 87 m3/day of groundwater, and use of up to 50 m3/day of groundwater, for the purpose of managing groundwater collected beneath a Class 1 landfill.
  • Water Permit to divert surface water within the Ōtokia Creek catchment for the purpose of the construction and operation of a Class 1 landfill and associated road realignment works.
  • Water Permit to dam water within an Attenuation Basin for the purpose of the construction and operation of a Class 1 landfill.
  • Land Use Consent to alter, reclaim, and place structures on, the bed of waterbodies and wetlands for the purpose of road realignment works.

Location: Corner of Big Stone Road and McLaren Gully Road, Brighton, at about NZTM2000 1385764E 4905608N.

Legal descriptions of Property: Lots 1 & 2 DP 457417, Sec 1-2 SO Plan 547235 (several other properties will be affected by the access road realignment).

Reasons for public notification: The Council must publicly notify this application for the following reasons:

  • Some of the adverse effects associated with the application are more than minor;
  • The applicant has not provided requested information within the set deadlines and refused to provide some requested information; and
  • Special circumstances exist.

 

Full details of this application are available for inspection upon request. Enquiries may be directed to Hilary Lennox by email to hilary.lennox@orc.govt.nz​.

Submissions on the above application must be received by Otago Regional Council and the applicant no later than 5 pm on Monday 15 November 2021.

A submission form is available for download below.

Submissions

Submissions have now closed.

Submissions on the above application must be received by Otago Regional Council and the applicant (Dunedin City Council) no later than 5pm on Monday 15 November 2021.

A submission form is available for download below.

Printable submission form

Electronic submission form

 

Where to send your submission

Submissions have now closed.

Submissions must be forwarded to Otago Regional Council, Private Bag 1954, Dunedin, 9054 or by email to submissions@orc.govt.nz.

You must also serve a copy of your submission to the applicant - Dunedin City Council c/o Anderson Lloyd Ltd, by post at Private Bag 1959, Dunedin 9054 or by email to michael.garbett@al.nz.

 

Submissions requirements

Any person may make a submission on the application, but a person who is a trade competitor of the applicant may do so only if that person is directly affected by an effect of the activity to which the application relates that:

(a)     adversely affects the environment; and

(b)     does not relate to trade competition or the effects of trade competition.

Submissions must be dated and signed (unless submitted electronically) and must include the following information:

  1. Your name, postal address and telephone number (email and fax number if applicable);
  2. Details of the application in respect of which you are making the submission;
  3. Whether it is in support of, or in opposition to the application, or is neutral;
  4. Your submissions, with reasons;
  5. The decision that you wish Council to make; and
  6. Whether you wish to be heard in support of your submission and you must also serve a copy of your submission on the applicant as soon as reasonably practicable.

 

Please note that this is a joint notification with Dunedin City Council LUC-2020-405.

 

View hearing

View all the recorded livestreams from the Proposed Landfill Site at Smooth Hill hearing.

Note: There is no livestream for day 3 as this hearing day was adjourned. 

 

Application and other related documents

Application - Appendix 1 - Records of Title

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Application - Appendix 2 - General Arrangement Plan

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Application - Appendix 3 - Landfill Concept Design Report

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Application - Appendix 4 - Concept Design Plans Part A1

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Application - Appendix 4 - Concept Design Plans Part A2

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Application - Appendix 4 - Concept Design Plans Part B

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Application - Appendix 4 - Concept Design Plans Part C

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Application - Appendix 4 - Concept Design Plans Part D

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Application - Appendix 5 - Geotechnical Interpretative Report

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Application - Appendix 6 - Geotechnical Factual Report

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Application - Appendix 7 - Economic Assessment Report

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Application - Appendix 9 - Surface Water Assessment Report

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Application - Appendix 8 - Groundwater Report

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Application - Appendix 10 - Air Quality Report

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Application - Appendix 11 - Ecological Impact Assessment Report

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Application - Appendix 12 - Amended Landscape Mitigation Plan

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Application - Appendix 13 - Archaeological Assessment Report

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Application - Appendix 14 - Cultural Impact Assessment

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Application - Appendix 15 - Integrated Transport Assessment Report

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Application - Appendix 16 - Acoustic Assessment Report

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Application - Appendix 17 - Draft Conditions of Consent

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Application - Appendix 18 - Provisions of the Statutory Planning Documents

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Application - Assessment of Environmental Effects

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Application - Appendix 19 - Preliminary Site Investigation Report

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Further s92 response - 5 Aug 21

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Original s92 response - Beca Site Selection Assessment from 1992 - 31 May 21

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Further s92 response - Updated Alternatives Assessment 5 Aug 21

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Further s92 response - Conditions 5 Aug 21

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Original s92 response - Bird Management 31 May 21

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T&T Review of Air Quality Report for Notification Decision 27 Aug 21

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T&T Review of Ecology Report for Notification Decision 3 Sept 21

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T&T Review of Geotech Reports for Notification Decision 26 Aug 21

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T&T Review of Groundwater Report for Notification Decision 2 Sept 21

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T&T Review of Noise Report for Notification Decision 26 Aug 21

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T&T Review of Landfill Design Report for Notification Decision 2 Sept 21

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T&T Review of Surface Water Report for Notification Decision 2 Sept 21

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Application - Appendix 12 - Landscape and Visual Assessment Report

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Section 95 Notification Report RM20.280

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Further s92 response - Draft Landfill Management Plan 5 Aug 21

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Consents Required from DCC

Dunedin City Council Submissions should be sent to resconsent.submission@dcc.govt.nz.

 

 

Submissions

 

Minutes

 

Otago Regional Council S42A Report

 

Applicant’s Briefs of Evidence

01 Statement of evidence of Sandra Graham signed

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02 Statement of evidence of Chris Henderson signed

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03 Statement of evidence of Greg Akehurst signed

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04 Statement of evidence of Richard Coombe signed

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05 Statement of evidence of Mark Stirling signed

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06 Statement of evidence of Samantha Webb signed

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07 Statement of evidence of Anthony Kirk signed

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08 Statement of Evidence of Allen Ingles signed

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09 Statement of evidence of Peter Warwick Stacey signed

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10 Statement of evidence of Andrew Whaley signed

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11 Statement of evidence of Christian Vossart signed

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12 Statement of evidence of Matt Welsh signed

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13 Statement of evidence of Anthony Dixon signed

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14 Statement of evidence of Paul de Mar signed

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15 Statement of evidence of Karin Sievwright signed

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16 Statement of evidence of Phillip Patrick Shaw signed

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17 Statement of evidence of Tanya Blakely signed

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18 Statement of evidence of Dr Jaz Morris signed

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19 Statement of evidence of Rhys Girvan signed

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20 Statement of evidence of Samantha King signed

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21 Statement of evidence of Megan Lawrence signed

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22 Statement of evidence of Maurice Dale signed - Original Version

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22 Statement of evidence of Maurice Dale signed - Revised Version

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Submitter’s Briefs of Evidence

Andrea McMillan Smooth Hill Presentation

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Andrew Rumsby - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc - Revised Version

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Andrew Rumsby - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc - Original version

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Andy Hutcheon - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Anne Claire Mauger - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Blair Judd - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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David Grant - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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David Ife - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Dennis Kahui -Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Dunedin International Airport Statement of Evidence Matt Bonis with attachments

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Dunedin International Airport Appendix 1 to Ciaran Keoghs Brief of Evidence

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Dunedin International Airport Brief of Evidence CAA Sean Rogers with Appendices

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Dunedin International Airport Brief of Evidence Ciaran Keogh final

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Dunedin International Airport Brief of Evidence Daniel Debono Smooth Hill final

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Dunedin International Airport Ltd Brief of Evidence Richard Roberts Smooth Hill final

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Karen Hanna - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Kelvin Lloyd - Ecology -Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Loveday Why - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Matthew York - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Otokia Creek and Marsh Habitat Trust - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Sarah Ramsay - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

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Te Rūnanga o Ōtākou Yvonne Planning Evidence Smooth Hill Hearing

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Te Rūnanga o Ōtākou Evidence Edward Ellison

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Applicant’s Legal Submissions and Applicant’s Case Book

 

Dunedin International Airport Limited - Legal Submissions and Case Book

 

Documents Provided by Applicant at Hearing

 

Commissioner’s Comments on Conditions

 

Legal submissions on behalf of Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant and Casebook

 

 

Applicant’s Responses to Submitter's Evidence

 

ORC s42A Report Writer’s Statement of Reply and Final Legal Submission with Casebook

 

Submitters Presenting Notes

Scott Weatherall - speaking notes

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Garry Irvine - speaking notes

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John Finlayson - speaking notes

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Phil Williams - speaking notes

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Ron King - speakng notes

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Stephen Chittock - speaking notes

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Trish Chaplin-Cheyne - speaking notes

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Andrea McMillan - speaking notes and presentation

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Te Rūnanga o Ōtākou - Edward Ellison - statement of evidence - speaking notes

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Te Rūnanga o Ōtākou - Yvonne Takau - statement of evidence - speaking notes

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Consent condition - Runaka involvement in monitoring

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Tony Granger - speaking notes

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Gerard Closs - speaking notes

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Judith van Aalst - speaking notes

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Wayne Morris - supporting evidence for speaking notes

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Alexis Brown - speaking notes

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Cavan Jenkinson - speaking notes

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Lisa Bosshard - speaking notes

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Colin Weatherall - speaking notes

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James Molloy - speaking notes

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Ramsey Ashworth - speaking notes

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Colin L Weatherall - speaking notes

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Edward Ellison - speaking notes

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Generation Zero - speaking notes

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Yvonne Takau - speaking notes

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Brighton Pony Club - speaking notes

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Lyndon Weggery - information provided at hearing

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Andy Hutcheon - speaking notes

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Anne-Claire Mauger - speaking notes 24 May 22

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Blair Judd - speaking notes 20 May 22

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Kelvin Lloyd Transcript Evidence

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Loveday Why - speaking notes - 22 May 22

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Matthew York - speaking notes

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Munirah Burra - Dave Randle - speaking notes

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Sarah Ramsay - speaking notes 20 May 22

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Simon Laing - speaking notes 24 May 22

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Viktoria Kahui - speaking notes

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Dunedin International Airport - Ciaran Keogh - speaking notes

August 2022

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Ronald King - speaking notes

August 2022

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Saddle Hill Community Board - Scott Weatherall - speaking notes

August 2022

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Hearing Schedule

 

Further Submissions of Counsel Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant

 

Minute 3

 

Minute 4

 

Applicant's Final Reply

 

Dunedin City Council - Smooth Hill Landfill - Pre Appeal Decision

 

Dunedin City Council - Smooth Hill Landfill - Post- Appeal Decision