Search Results

1. [2023] NZEnvC 064 New Zealand Transport Agency v Waikato Regional Council [pdf, 1.3 MB]

   ...conditions 8, 9 and 10 directed by the Court is to be submitted for final approval within 20 workings days of the delivery of 1 New Zealand Transport Agency v Waikato Regional Council [2023] NZEnvC 055. 3 this decision. [3] On 5 April 2023 NZTA filed amended conditions as follows: Condition 8 Noise from any Enabling Works or Construction Works must comply with the following criteria limits in accordance with NZS 6803 as far as practicable: Day of week Time dB LAeq(15min)...

2. [2022] NZEnvC 117 High Quality v Auckland Council [pdf, 885 KB]

   ...circulation to the other parties within 15 working days. The parties are to respond to the applicant within 10 working days. If the parties disagree, they are to set out the basis of disagreement with those provisions. The applicant is then to file with the Court its preferred wording, the objections raised by the parties and the reasoning for its adopted wording. The Court will then finalise the consent and conditions. C: Any application for costs is not encouraged. If made, any ap...

3. LCRO 122/2020 G & P LN v Todd Whitcombe and RC findings & publication decisions (4 May 2021 & 22 June 2021) [pdf, 397 KB]

   ...period, Mr and Mrs LN expressed an intention to waive the “sale” clause, as they were confident their property would sell in due course. [14] On 26 September 2017 Mr LN instructed Mr RC declare the agreement unconditional. [15] Mr RC made file notes of the various conversations. Selected extracts are reproduced below: 18 September 2017: You know it’s a gamble. You going to sell it. Conf. You’ll sell in time. You think will be better after the election. 26 Septem...

4. [2024] NZEnvC 255 Friends of Nelson Haven v Marlborough District Council [pdf, 551 KB]

   ...Ecologically Significant Marine Site specified in Appendix 27. [6] FONH’s appeal seeks an amendment to r 16.6.6 to the effect that it would also extend to:3 1 FONH was submission 716 on the NPMEP (CB Tab 8). Their appeal (ENV-2020-CHC- 33) was filed on 6 May 2020. FONH is also a s274 party to some other appeals on the DPMEP. However, the scope issues between parties are with reference to their submission 716. FONH relief concerning r 16.6.6 is part of ‘Topic 5.4’ which is...

5. [2010] NZEmpC 37 Hamon v Coromandel Independent Living Trust [pdf, 13 KB]

   ...determination of the Employment Relations Authority AND IN THE MATTER OF applications for stay and security for costs BETWEEN LUCY HAMON Plaintiff AND COROMANDEL INDEPENDENT LIVING TRUST Defendant Hearing: by memoranda of submissions filed on 18 and 31 March 2010 Judgment: 31 March 2010 INTERLOCUTORY JUDGMENT NO 2 OF CHIEF JUDGE GL COLGAN [1] By a judgment1 dated 9 March 2010, I stayed execution of the Employment Relations Authority’s costs’ determin...

6. [2012] NZEmpC 175 Meroiti v Lindale Lodge Ltd [pdf, 70 KB]

   ...potential difficulty in relation to the fixture date because one of the defendant’s witnesses had suffered an injury and would not be able to travel to New Zealand from Australia until late November 2012. [2] On 24 September 2012, Mr Knowsley filed a memorandum advising the Court that because of the required recovery period during which she is unable to fly, the witness will not be able to travel to New Zealand until February 2013. Mr Knowsley, therefore, sought an adjournment o...

7. [2014] NZEmpC 221 Selwyn Foundation v Nayathodan interlocutory [pdf, 53 KB]

   ...Employment Relations Authority AND IN THE MATTER of an application for recall and re-issue of judgment BETWEEN THE SELWYN FOUNDATION Plaintiff AND JOYCE NAYATHODAN Defendant Hearing: By memoranda of submissions filed on 24 and 1 December 2014 Appearances: S Langton, counsel for plaintiff D Hart, counsel for defendant Judgment: 2 December 2014 INTERLOCUTORY JUDGMENT (NO 2) OF CHIEF JUDGE G L COLGAN [1] The plaint...

8. AGT Ltd v ZTV [2012] NZDT 437 (8 August 2013) [pdf, 75 KB]

   ...has obtained the Liquidator’s consent to continue the proceedings. [11] In either of the circumstances referred to in paragraphs 6 or 7 the respondent may pursue its counter-claim as submitted to the Tribunal against the Liquidator and this file may be consolidated and joined with the Liquidator’s claim, if pursued. [12] The respondent may wish to contact its legal advisers or the Registrar of the Companies Office at the Ministry of Business, Innovation & Employment w...

9. ENVC-43 application for enforcement order or interim enforcement order [docx, 14 KB]

   ...Telephone: Fax/email: Contact person: [name and designation, if applicable] Note to applicant You must lodge the original and 1 copy of this application with the Environment Court. The application must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. You must serve notice of this application in form 44 on every person directly affected by this application within 5 working days aft...

10. ENVC Hearing 27Jul15 WML suppl rebuttal Tim Johnson [pdf, 26 KB]

    ...structure under the suspended carpark which made the piles in the 22 May visualisation appear higher and darker than the visual simulations created in April 2014. 9 My investigation into the error found a layer used in the photoshop post processing file (which relates to shadowing and reflectivity) set to the incorrect strength of “100% visible”. This layer in the April 2014 visual simulations was set within the range of 30% – 50% visible. All other parameters were applied...