Search Results

1. [2020] NZEnvC 218 Wellington City Council v Livingstone [pdf, 3.7 MB]

   ...Engineer (CPEng); and • Implement any other directions or recommendations of a suitably qualified CPEng to manage stability risks (also as required by the resource consent). [2] The Council lodged a memorandum of counsel (Mr Higbee) and an affidavit of Bryony Kate Harding Hutcheson (both dated 24 November 2020) in support of its application for those orders. [3] Mr Livingstone lodged a letter in response on 8 December 2020. [4] A hearing was convened on 17 December 2020 at Wel...

2. Ormsby v Ormsby - Aorangi B No.1A No. 3 [2018] Maori Appellate Court MB 547 (2018 APPEAL 547) [pdf, 203 KB]

   ...confirming the gift. [15] In summary, we consider that the proper place for the testing of this conflict of evidence is before the Court below. We therefore grant the appeal and annul the order 7 Affidavit of Mark Ormsby, dated 25 October 2018; Affidavit of Ngahina Ormsby; dated 17 October 2018; and Affidavit of Maryann Ormsby, dated 1 November 2018 8 9 Otorohanga MB 82 (9 OT 82); 9 Otorohanga MB 101 (9 OT 101); 9 Otorohanga MB 120...

3. [2022] NZEmpC 25 UBP Ltd v Rantiaawa-Kaui [pdf, 219 KB]

   ...writing. [3] The initial application, filed before Ms Douglas was retained as counsel for UBP, was framed as an application for a stay of proceedings and made a number of comments about the Authority’s investigation. It was accompanied by an affidavit from Ms Morgan, a Human Resources Manager for UBP, which largely addressed the perceived merits of the Authority’s findings and processes. [4] Ms Douglas has now filed helpful submissions clarifying UBPs position and confirming...

4. [2021] NZEnvC 166 W North Limited v Greater Wellington Regional Council [pdf, 166 KB]

   ...more than minor. [9] There is no mention in any of the material relating to the application for, and the granting of, the relevant consents of the existence, or even possible existence, of a wetland anywhere in the land in question. [1 O] In an affidavit made by Dr Keesing in connection with this application for a Stay, Dr Keesing says: 20. Beyond K133 and scattered across the Property's lowlands between the drains, ridge fingers and the central dune hollow, the vegetation wa...

5. [2021] NZEnvC 166 W North Limited v Greater Wellington Regional Council [pdf, 166 KB]

   ...more than minor. [9] There is no mention in any of the material relating to the application for, and the granting of, the relevant consents of the existence, or even possible existence, of a wetland anywhere in the land in question. [1 O] In an affidavit made by Dr Keesing in connection with this application for a Stay, Dr Keesing says: 20. Beyond K133 and scattered across the Property's lowlands between the drains, ridge fingers and the central dune hollow, the vegetation wa...

6. [2021] NZEmpC 123 20 District Health Boards v New Zealand Nurses Organisation [pdf, 190 KB]

   ...Wellington on Wednesday next week; (b) the DHBs are to file and serve a statement of claim in the Court by 5pm today; (c) any statement of defence or other response to the claim is to be filed and served by midday Monday 9 August 2021; (d) the affidavit of Ms Aitcheson filed on behalf of the DHBs and dated 2 August 2021 is to be admitted in these proceedings; (e) any affidavit/s in reply are to be filed and served by the Union by 5pm Monday 9 August 2021; (f) the parties a...

7. [2023] NZEmpC 78 Carrington Resort Jade LP v Maheno [pdf, 215 KB]

   ...Court pending the outcome of this proceeding. He seeks to prevent Ms Maheno from receiving the funds. No stay has been sought in respect of the costs determination.3 [5] Ms Maheno is opposed to a stay. [6] Both parties have filed memoranda and affidavits in support of and in opposition to the stay and are content for the application to be dealt with on the papers. Mr Tan was invited to make submissions in support of his application but advised that he was happy to rely on what w...

8. [2023] NZEnvC 201 Wason and Hall v Two Kooner Properties Ltd [pdf, 179 KB]

   ...the remedial works required under the Enforcement Order and in accordance with the order under s 315 RMA. [9] On 31 August 2023, the Applicants filed an application under s 16 of the Contempt of Court Act 2019 (CCA). This was supported by an affidavit of Amber Sheridan Grace Wason, sworn on 31 August 2023. [10] A Judicial Telephone Conference (JTC) was convened on 7 September 2023. During the JTC the Court explained its intention to hold a hearing to consider both the applica...

9. EN & ND v QI & MI [2023] NZDT 272 (21 July 2023) [pdf, 181 KB]

   ...it was apparent it was not working. The Applicants’ plumber found that the drain was blocked with tree roots. 6. QI and MI disputed they were liable. Their daughter had been living in the property prior to settlement and had filed a sworn affidavit that said, amongst other things, that she had used the toilet without problem on the morning of the settlement day, before vacating the premises. The QI and MI also indicated that the purchasers should have tested the toilets during the...

10. [2024] NZEnvC 121 Queenstown Lakes District Council v Silver Creek Limited [pdf, 330 KB]

    ...contribute to QLDC’s costs, rather than the cost flowing from SCL’s non-compliance wholly falling on Queenstown ratepayers. History of non-compliance [11] SCL has a history of non-compliance with the RMA and planning requirements. The affidavit of S de Reeper set out that QLDC has issued a total of five abatement notices and two infringement notices in respect of the property, with a third infringement notice to be issued (as of 28 August 2023).6 QLDC submits this is comp...