Initial case management memorandum on behalf of the Waimakariri District Council dated 10 October 2025

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This memorandum is filed on behalf of the Waimakariri District Council (Council) in response to the 5 September 2025 Minute of the Environment Court (Minute), as amended by the Court’s further directions, which directed the Council to file an initial case management memorandum in respect of the 21 appeals on the Waimakariri Partially Operative District Plan (PODP) by 10 October 2025.

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Under the                    RESOURCE MANAGEMENT ACT 1991

In the matter               of appeals against the Waimakariri Partially Operative District Plan under clause 14(1) of the First Schedule of the Act

Between                      THE BROKEN RIVER TRUST

(ENV-2025-CHC-49)

(and other appellants as listed in Appendix A attached to this memorandum)

Appellants

And WAIMAKARIRI DISTRICT COUNCIL

Respondent

  1. This memorandum is filed on behalf of the Waimakariri District Council (Council) in response to the 5 September 2025 Minute of the Environment Court (Minute), as amended by the Court’s further directions,1 which directed the Council to file an initial case management memorandum in respect of the 21 appeals on the Waimakariri Partially Operative District Plan (PODP) by 10 October 2025.
  2. The Council filed a memorandum on 26 September 2025 (September Memorandum) advising the Court on the matters the Council had completed in respect of the Court’s directions at paragraph [3], [4] and [9] of the Minute and the Council's progress on the initial case management matters.
  3. As outlined in the September Memorandum, the Council maintains a website for the District Plan review process which includes information about and copies of all appeals and s274 notices.2 The PODP itself is an E-Plan and accessible online.3 Different versions of the E-Plan are available by clicking the " Change" icon in the top left-hand corner. All of the public notices, Minutes, memoranda, section 42A reports, evidence and the Hearings Panels’ Recommendation Reports are also available online. References to relevant documents and the associated webpages are provided in footnotes in this memorandum.
  4. This memorandum provides the Court with the Council’s position on the case management matters outlined at paragraph [6] of the Minute, and seeks corresponding directions.
  5. In preparing this memorandum, counsel for the Council have endeavoured to liaise with counsel and representatives for most Appellants, and some s274 parties, to discuss the Council’s proposed approach to case management, identify preliminary issues and to seek clarification regarding appeal points.
  6. The Council’s proposed case management approach has been informed by those discussions and reflects what the Council considers is the most efficient and appropriate approach to the management of the appeals.
  7. Counsel understand that some Appellants and s274 parties have alternative views to those outlined below. Where appropriate, counsel have identified differences of opinion as to the approach with a view to assisting the Court.
  8. This memorandum has been served on all Appellants and s274 parties involved in the PODP appeal proceedings. Directions are also sought later in this memorandum to require Appellants and s274 parties to file memoranda if they object to the Council’s case management proposal.
  9. Before addressing the Court’s case management directions at paragraph

[6] of the Minute, this memorandum:

(a) Summarises the background to the PODP to provide the Court with context relevant to the PODP and issues raised on appeal; and

(b) Outlines the structure and key features of the PODP which provide context for the proposed sequencing of the appeals.