Search Results

1. 2023-09-15-Evidence-of-Anna-Carter-for-Prouse-Trust.pdf [pdf, 2.6 MB]

   ...areas: P a g e | 14 a) Suitable design and on-going management of landscape and visual effects along the western boundary of the Property; b) further consideration of best practicable options to ensure that the emission of noise from vehicles on the expressway does not exceed a reasonable level within the western curtilage of the PPF and within Ashleigh itself; c) appropriate mitigation of flooding effects; d) appropriate design and construction of the new local roads and...

2. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...retainer is at polar opposites. From the significant to the mundane, the parties’ accounts of what transpired are distinguished by the extent to which they diverge. [41] Some of the concerns identified by Ms TJ directly raise the spectre of negligence. [42] Negligence is a cause of action that is well-understood by traditional civil courts. Its ingredients include a duty of care, a breach of that duty, and a measurable loss that has been caused by the breach of duty. Findings...

3. Hearn v Parklane Investments Limited [pdf, 178 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO: TRI 2008-101-000045 BETWEEN ALISON MARGARET HEARN, MURRAY DEANS and HARTHAM TRUSTEES LIMITED as Trustees of the A HEARN FAMILY TRUST Claimant AND PARKLANE INVESTMENTS LIMITED First Respondent AND EMPA GROUP CONSULTANTS LIMITED Second Respondent AND WELLINGTON CITY COUNCIL Third Respondent AND RAJU MORAR, NEESHA MORAR and ISHWERAL MORAR as Trustees of the I & R MORAR FAMILY TRUST Fourth Respondent AND MARK ANDREW D

4. ENVC Hearing 6Oct14 DM legal submissions [pdf, 211 KB]

   ENVIRONMENT COURT ENV-2014-AKL-0000174 IN THE MATTER of an application by direct referral under section 87G of the Resource Management Act 1991 (Act) for resource consents to construct and operate a 160 berth marina in Matiatia Bay, Waiheke Island BY WAIHEKE MARINAS LIMITED Applicant LEGAL SUBMISSIONS FOR DIRECTION MATIATIA INC 22 October 2014 SOLICITOR ACTING: J K Garnett Whaley Garnett PO Box 17181 Greenlane Aucklan

5. Applicant's Revised Conditions 24 August 2018 [pdf, 1.4 MB]

   ...when all ground improvements are complete; g) “consent holder” means Panuku Development Auckland; h) “Council” means the Auckland Council; i) “Damage” means - including Aesthetic, Serviceability, Stability, but does not include Negligible Damage as described in the table below: Building Damage Classification Category of Damage Normal Degree of Severity Description of Typical Damage (Building Damage Classification after Burland (1995), and Mair et al (1...

6. Memorandum of Counsel for The Point 6 September 2018 [pdf, 1.4 MB]

   ...when all ground improvements are complete; g) “consent holder” means Panuku Development Auckland; h) “Council” means the Auckland Council; i) “Damage” means - including Aesthetic, Serviceability, Stability, but does not include Negligible Damage as described in the table below: Building Damage Classification Category of Damage Normal Degree of Severity Description of Typical Damage (Building Damage Classification after Burland (1995), and Mair et al (1...

7. Final-Technical-Assessment-C-Air-Quality.pdf [pdf, 5.4 MB]

   ...Existing air quality is the air quality now. The sum of the background air quality and the nearby road contribution. FIDOL Frequency, Intensity, Duration, Offensiveness and Location. GWRC Greater Wellington District Council. HCV Heavy Commercial Vehicles. HDC Horowhenua District Council. Horizons Manawatū Whanganui Regional Council. IAQM Institute of Air Quality Management. Page 5 Table C.1: Glossary of Terms Term Definition KCDC Kāpiti Coast District Council. L...

8. Willowridge Developments Ltd - Alison Devlin - EIC - 25 February 2022 [pdf, 329 KB]

   ...for earthworks consent, including the EMP as part of the application as the best means to address the matters of discretion in PC8 14.5.2.1. While the EMP can be submitted for QLDC approval concurrent to the ORC application the time saving is negligible given the 15 working day time limit imposed on QLDC through the condition. [11] The requirement to obtain the ORC consent adds both time and cost to the consenting process for Willowridge. The deposit fee1 for the ORC earthwork...

9. [2024] NZEnvC 093 Ocean Dynamics Limited v Tauranga City Council [pdf, 349 KB]

   ...minimum must include: a. Details of local car parking areas, public transport routes and timetables, cycling / walking routes to the site and cycle parking that is provided on site; b. Measures proposed to avoid unnecessary traffic circulation and vehicle movements; c. Details of how traffic management information will be provided to visitors; and d. Details of the appointment a TMP Coordinator, who will be responsible for the implementation of the TMP and who will liaise with Counc...

10. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

    ...freedom in certain cases. On the facts, however, the Court did not accept that the reverse onus clause was rationally related to the objective of curbing drug trafficking, since the presumption of supply could be triggered by possession of a small or negligible quantity of narcotics. The section was thus over-inclusive and could lead to results in certain cases which would defy both rationality and fairness. 15. Bhulwana (cited above – Constitutional Court of South Africa): 15.1 On th...