Search Results

1. [2020] NZEnvC 015 Goatley Holdings Limited v Auckland Council [pdf, 1.1 MB]

   ...mitigation and issues relating to potential impacts on streams and soils. [2] The consent is a multi-consent covering a number of issues and it is not intended that the consent as a whole commence operation. Accordingly, Auckland Transport is to file in the next 7 days and the court will annex to its decision as A, a set of the relevant consent and conditions relative to those relating to the removal for vegetation. [3] Ms Carruthers for Goatley, advises that their appeal is on cond...

2. Xu v The Real Estate Agents Authority (CAC 412) and Lim and Lynch [2018] NZREADT 63 [pdf, 293 KB]

   ...“substantial, now as new, five-bedroom home”, “the subject of a high-end rebuild”, and as “now thoroughly modern”. [5] Mr Xu and his wife viewed the property with Mr Lim on 27 August 2017. That evening, Mr Lim emailed a property information file for the property, which included the LIM report, to Mr Xu. Initially, this was not received by Mr Xu, and Mr Lim re- sent the information, in two separate emails. [6] Mr Xu sent an acknowledgement of receipt to Mr Lim, but his...

3. [2022] NZEnvC 091 Otago Regional Council [pdf, 528 KB]

   ...mediation on the provisions of Chapter 7 of PC1 on 29 November 2021. [5] A joint memorandum dated 11 February 2022 was signed by eight of the nine s274 parties who attended mediation and signed the mediation agreement. The joint memorandum was filed with the court and sent to all other s274 parties who have an interest in Chapter 7 of PC1. That memorandum contains an explanation of the mediation agreement, the Environment Court’s obligations in relation to call-in, and seeks...

4. [2021] NZREADT 37 Watson (20 July 2021) [pdf, 212 KB]

   ...February. At 10.18 pm on 18 February the appellants advised Ms Berry by email that they had spent most of the day with their lawyers and had been advised to terminate their intention to purchase the property. They also advised that they would be filing a formal complaint. Did the Committee err in finding that Ms Berry did not advise the appellants that the vendor had accepted their oral offer? [47] We accept Mr Watson’s submission that the appellants had not claimed in the...

5. IPT 2020-21 Annual Report [pdf, 520 KB]

   ...improvement in timeliness is that the average time taken by members, from allocation of file or last hearing to the decision, is now only 18 days. The progress in timeliness has been assisted by the work of the case managers who ensure that all files are fully prepared prior to allocation. The Tribunal has at times been delayed in finalising appeals where it has considered the grant of residence status and therefore required police clearance certificates for the appellants concerned....

6. W v EQC [2021] CEIT-2019-0007 [pdf, 820 KB]

   ...settlement agreement between them and the Earthquake Commission (EQC) dated 19 August 2020 (Settlement Agreement). [2] The application takes the form of a Memorandum of Counsel and is now supported by an affidavit from Mrs W. EQC, in turn, has filed a Memorandum of Counsel, now supported by an affidavit from Mr West, opposing the application. The W’s have replied to that Memorandum with a further Memorandum from their counsel. [3] On 13 July 2021 I issued a draft decision and in...

7. [2021] NZEnvC 075 Ngati Paoa Trust Board v Heritage New Zealand Pouhere Taonga [pdf, 1.3 MB]

   ...Appeal -009 BRENT JONES and CHINENYE ANITA NDUKWE Applicants in Appeal -082 NGATI PAOA IWI TRUST S 274 Party Chief Environment Court Judge DA Kirkpatrick Environment Commissioner S C Myers At Auckland on 29-30 March 2021 Reply submissions filed on 23 April 2021 J Gardner-Hopkins for Nga.ti Paoa Trust Board C Owen for Heritage New Zealand Pouhere Taonga P Beverley and C Easter for Auckland Transport 2 J Forret and J Rajendram for Mr Jones and Ms Ndukwe T Hauraki and C...

8. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...incident with Mr Baillie, because he was a reasonably regular resident in the secure unit for his violent behaviour involving threats of assault and self-harm. The young person’s willingness to self-harm was known to staff, was noted on his file, and often led to increased observation for his safety. [63] Mr Jenner said that before Mr Baillie’s dismissal the STAR training he received did not refer to the “red zone”, as mentioned in the allegations, although the term is...

9. [2022] NZREADT 23 - CAC 1904 v Bright (8 November 2022) [pdf, 278 KB]

   ...19 ORDERS [90] The charge of misconduct (the reckless contravention of r 6.3), pursuant to s 73(c)(iii) of the Act, is upheld. [91] The penalty orders will be determined on the papers. The Committee’s written submissions are to be filed and served by 30 November 2022. Mr Bright’s submissions are to be filed and served by 21 December 2022. [92] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the...

10. [2022] NZEnvC 91 Otago Regional Council - Chapter 7 (Landfills) [pdf, 600 KB]

    ...mediation on the provisions of Chapter 7 of PC1 on 29 November 2021. [5] A joint memorandum dated 11 February 2022 was signed by eight of the nine s274 parties who attended mediation and signed the mediation agreement. The joint memorandum was filed with the court and sent to all other s274 parties who have an interest in Chapter 7 of PC1. That memorandum contains an explanation of the mediation agreement, the Environment Court’s obligations in relation to call-in, and seeks...