Search Results

1. [2023] NZEnvC 116 Norrish v Dunedin City Council [pdf, 12 MB]

   ...Mcl<:inlay stated that it is the combination of the visual prominence of the site, the indigenous vegetation cover and consistency with the joining uncontested parts of the SNL that in his opinion, justify retention of the 200m contour. 56 [110] However, we were not persuaded by Mr McK.i.nlay's assessment. We find that the site between the 300 m and 420 m contours does not display the listed values to an extent that would justify the area being included in the Flagstaff - Mt...

2. Robinson - Te Tii A Waitangi Marae (2023) 261 Taitokerau MB 220 (261 TTK 220) [pdf, 367 KB]

   ...further application, and evidence, is an abuse of process. She is also estopped from seeking to relitigate those same issues. [109] I am going to strike-out her application. He tika te ōta? Should I grant the order Mr Mihaka is seeking? [110] Mr Mihaka argues that on Waitangi Day in 2018, a document was signed by a number of kaumatua and kuia on the Marae to establish a mental health peer support network database. He says this was given to Mr Taituha as the chairman of the Ma...

3. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   Crafar v Taupō District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 091 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 (RMA) BETWEEN ALLAN JOHN CRAFAR (ENV-2022-AKL-236) Appellant AND TAUPŌ DISTRICT COUNCIL Respondent AND TODD GENERATION LIMITED Applicant Court: Environment Judge S M Tepania Environment Commissioner M Mabin Environment Commissioner A Gysbe

4. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...11 September 2023.54 [109] In summary, Mr Boyd had initially said he was dissatisfied with the conclusions reached about sexual harassment so that he would not pay, and then broadened his objection to payment by relying on an apparent setoff. [110] Mr Davis relied on statements made by the Court in Herrett v Eco Frame and Mirror Ltd.55 Applications of this kind are fact specific. In Herrett, the Court was required to consider a very different set of circumstances – a late applic...

5. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

   ...date of lodgement of the relevant caveat and, in the case of the third caveat only, the date of filing the application to sustain it. The lodgement of a caveat and the filing of a Court application to sustain it are different legal processes. [110] It may be that the information available to the respondent on which he formed his belief as to reasonable cause may have been different on the one date from the information available to him on the other date, as appears to have been the ca...

6. [2023] NZEnvC 154 Middle Hill Ltd v Auckland Council [pdf, 1.4 MB]

   Middle Hill Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 154 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MIDDLE HILL LIMITED (ENV-2020-AKL-000048) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Environment Commissioner RM Bartlett Environment Commissioner A Gysberts Hearing: On the

7. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

   ...section 12(c) – contravention of the Act, or any regulations or practice rules made under the Act which may arise when the lawyer concerned is not providing regulated services. 32 IJ v QT LCRO 94/2011 (January 2012) at [32]. 33 Morpeth v Ramsey LCRO 110/2009 (November 2009) at [20]. 34 At [27] citing Longstaff v Birtles [2002] 1 WLR 470 (EWCA) at 471. 35 At [28]. 36 Hansen v Young [2004] 1 NZLR 37 (CA) at [33]–[36], referring to Dubai Aluminium Company Limited v Salaam [2003] 1 All E...

8. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

   ...estimate and solution proposed by Mr Downie, which was later rejected by all experts, including Mr Downie, at the hearing. 45 Flanders Marlow Defect Assessment Report (June 2021) at [4.3]. 46 Final Determination, above n 5, at [124]. 47 At [110]. 23 The claimants ought to have had their experts further examine the merits of the offer and given the respondents the opportunity to further develop on it, but they failed to do so. [86] The claimants have raised an issue regardin...

9. LCRO 15/2023 and LCRO 21/2023 OE v CN (13 February 2025) [pdf, 266 KB]

   ...to a letter from Mr OE dated 25 May 2020, where Mr OE asks for advice as to what steps are required and how long it will take. [109] [Law Firm C] say that Mr CN provided this information in his reply on 29 May. 64 At [28](a). 21 [110] That letter refers only, in a general way, as to what was required to obtain a charging order against the property owned by the AAs. It does not identify the specific steps which needed to be taken or what was needed to be done to enforce th...

10. Vaka v Accident Compensation Corporation (Personal Injury) [2024] NZACC 197 (2 December 2024) [pdf, 302 KB]

    ...considers it inconceivable Mr Vaka can have posterior pituitary damage and unresolved diabetes insipidus without there being damage to the brain, and that Mr Vaka has not spontaneously recovered from thermoregulation issues and ongoing fatigue. [110] Dr Newburn does not however demonstrate how the existence of these symptoms supports a diagnosis of NCD. It is noted that Dr Finucane said – “…there are persisting symptoms potentially attributable to the injury, whether or not MND...