Search Results

1. [2024] NZEnvC 125 Minister of Conservation v Marlborough District Council [pdf, 401 KB]

   ...Freshwater Management establish principles for the use of biodiversity offsetting or biodiversity compensation in terrestrial and freshwater environments respectively, and other NPSs may do so in the future. The provisions of these national policy statements set out the circumstances in which the principles are to be applied and how they are to be applied. This policy ensures that there is a visibility of the requirements of national policy statements when an applicant for resource co...

2. 2024-07-10-Notice-of-Hearing-Mackenzie-PC18.pdf [pdf, 252 KB]

   ...SCHEDULE OF PROCEEDINGS Mackenzie District Council's Plan Change 18 - Indigenous Biodiversity ENV-2021-343-000001 The Royal Forest and Bird Protection Society of New Zealand Incorporated v Mackenzie District Council Environmental Defence Society Incorporated v Mackenzie District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Stateme...

3. [2007] NZEmpC AC 42A/07 Otene v A G Walters & Sons Ltd [pdf, 16 KB]

   ...leave to proceed out of time, it soon withdrew that opposition. [3] A telephone conference call was held with a Judge on 2 November 2006 at which, among other things, the issue of security for costs was discussed. The defendant filed and served a statement of defence on 4 December 2006. The parties having agreed to participate in a judicial settlement conference, the defendant presented its memorandum for this conference on 14 March 2007. Nothing further was heard from the plaint...

4. Simons Pass Station Limited [pdf, 624 KB]

   ...kgr@kelvinreid.co.nz IN THE ENVIRONMENT COURT ENV-2016-CHC-000071 AT CHRISTCHURCH IN THE MATTER of the Resource Management Act 1991 AND of an application for declarations under Part 12 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-000071) Applicant AND MACKENZIE DISTRICT COUNCIL Respondent NOTICE OF SIMONS PASS STATIONS LIMITED’S WISH TO BE A PARTY TO PROCEEDINGS 1 December 2016...

5. Complaints Assessment Committee 304 v Christopher Chapman [2017] NZREADT 65 [pdf, 147 KB]

   ...both parties to be filed in advance of the hearing. [6] Mr Hodge also referred to telephone conferences in which the impact of the Police investigation on this proceeding. He noted that in each of these, Mr Rzepecky had advised the Tribunal that defence briefs of evidence were all prepared and ready to be filed, but the defence did not wish to do so while the Police investigation was ongoing. He submitted that there was never any mention of a wider objection to briefs of evidence...

6. BORA Armed Forces Law Reform Bill [pdf, 557 KB]

   ...the court for producing "appropriately phrased allegations of judicial bias, corruption, or other improper conduct for which a factual basis is established."[13] Thus one can still speak out about the impartially of a Court providing their statements are ‘appropriately phrased’ and are founded upon a ‘factual basis’. 54. We therefore consider that new section 70(1)(f)(i) of the Bill is justifiable under s 5 of the Bill of Rights Act. Sections 14 and 25(a): The...

7. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

   ...2 INDEX INTRODUCTION 4 MATERIAL FACTS 5 THE HEARING 9 PRELIMINARY MATTERS REGARDING THE ADJUDICATOR’S IMPARTIALITY 11 THE CLAIM 13 THE DEFENCE FOR THE SECOND RESPONDENT 13 THE DEFENCE FOR THE THIRD RESPONDENT 13 THE DEFENCE FOR THE FOURTH RESPONDENT 14 THE DAMAGE TO THE CLAIMANT’S DWELLING 14 THE CAUSE(S) OF THE WATER PENETRATION 15 Summary of causes of

8. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

   ...Ltd [2016] NZERA Auckland 381. 2 Underhill v Coca-Cola Amatil (NZ) Ltd [2017] NZERA Auckland 8. 3 Abernethy v Dynea New Zealand Ltd (No 2) [2007] ERNZ 462 (EmpC). Pleadings [6] With the plaintiffs being self-represented litigants, the statement of claim which has been filed is not a detailed document. It was deemed as adequate for the purposes of the challenge. Coca-Cola has filed somewhat more elaborate pleadings. Initially, whether or not the plaintiffs were actually...

9. Appleby Building Ltd v C Alva LCRO 117 / 2009 (12 October 2009) [pdf, 54 KB]

   ...adjournments to defend the application when his client company was hopelessly insolvent. [2] The matter was first called on 8 October 2008. The preceding day Mr Alva filed an application for leave to appear and for an extension of time to file a statement of defence. The Court adjourned the matter until 17 October 2008 when it was again called over. At that time the Court set the matter down for a substantive hearing to be held on 13 November 2008. Appleby Building arranged for a...

10. [2021] NZEnvC 021 Royal Forest & Bird Protections Society Incorporated v Northland Regional Council [pdf, 1.3 MB]

    ...non-complying even within Regionally Significant Infrastructure (RSI) areas, which provision had not been included previously. The Commissioners’ mapping decision is shown on Annexure B. [6] Forest & Bird filed an appeal seeking only the reinstatement of the SEA in this area, marked black on Annexure C and did not seek the removal of other overlays, including the MPPZ or the SEA, for example. It did appear to the Court that, given the original notified version had no por...