Search Results

1. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...notices disclose no reasonable or relevant case in respect of the proceedings, amount to an abuse of process and are frivolous or vexatious in the sense that the relief lacks the requisite jurisdiction ,'O The application is accompanied by the affidavit of its Planning Policy Manager, Ian William Bayliss, That affidavit attaches copies of relevant submissions and appeals and analyses their content and effect. The affidavit evidence was not rebutted, the parties electing not to ca...

2. ENV-2016-CHC-000071 Affidavit of Mr Murray Valentine [pdf, 18 MB]

   ...AND BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-000071) Applicant MACKENZIE DISTRICT COUNCIL Respondent AFFIDAVIT OF MURRAY GRAHAM VALENTINE +e. Sworn this! 2 day of December 2016 Counsel: Kelvin Reid Levell, 148 Victoria Street POBox 9344 Christchurch Telephone 021 997 343 kgr@kelvinreid.co.nz AFFIDAVIT OF MURRAY GRAHAM VALENTINE I,...

3. [2014] NZEmpC 81 Kellerman v Stoneware 91 Limited t/a Swtiched On Gardener [pdf, 60 KB]

   ...sent copies of the documents he had filed and a covering letter to the respondent. [5] Eventually the advocate for the respondent filed its own application for leave to file an objection to the applicant’s application. This was supported by an affidavit of Mr A Mai dated 16 April 2014, in which it was asserted that the respondent only became aware of the application for leave to challenge the costs determination on 24 March 2014. This is disputed by the applicant. Relevant pr...

4. Auckland District Law Society v Doyle [2009] NZLCDT 8 [pdf, 21 KB]

   ...hearing and there has been no appearance by Ms Doyle except through written submissions provided by her lawyer Mr Scott whose attendance is excused. [4] The Society seeks an order finding that the charges are proved and in support has filed affidavit evidence setting out the Society’s evidence including the results of an investigation by Mr Mace which took place over a four month period between December 2007 and April 2008 and sets out quite clearly a spreadsheet supporting t...

5. Kumandan v CAC404 [2016] NZREADT 21 [pdf, 73 KB]

   ...and is made pursuant to s 115 of the Real Estate Agents Act 2008. The Complaints Assessment Committee submit that it is in the public interest for Mr Kumandan’s licence to be suspended pending the determination of the charge. They rely on the affidavit of Charlotte Gerrard, a licensed private investigator contracted by the Real Estate Agents Authority, and the evidence of Linda Morrell, a forensic document examiner and handwriting expert. [3] The Complaints Assessment Committee all...

6. [2013] NZEmpC 193 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 61 KB]

   ...account. [6] The plaintiff’s challenge was filed on 9 July 2013. It appears that no steps were taken to enforce payment of the Authority’s determination until 9 September 2013. Mr McKenzie, the director of the plaintiff company, says in his affidavit filed in support of the application that he understood that there was an agreement that the determination would not be enforced until the challenge had been determined. He says that if he had appreciated that Mr Rockell would no...

7. 2020-10-23-Minute-PC7-Notice-of-motion-lodgement-service-of-documents.pdf [pdf, 158 KB]

   ...referred to the Environment Court for decision; (b) the Otago Regional Council referred proposed Plan Change 7 to the Environment Court under s 149T(2) of the Resource Management Act 1991 by lodging the notice of motion together with the supporting affidavit of Anita Jayne Dawe;2 (c) the Environmental Protection Authority gave public notice of the Minister’s direction to refer the proposed Plan Change to the Environment Court for decision; (d) the proposed Plan Change was p...

8. 2020-10-23-Minute-PC-1-8-Notice-of-motion-lodgement-service-of-documents.pdf [pdf, 160 KB]

   ...Environment Court for decision; (b) the Otago Regional Council referred the proposed Omnibus Plan Change to the Environment Court under s 149T(2) of the Resource Management Act 1991 by lodging the notice of motion together with the supporting affidavit of Anita Jayne Dawe;2 (c) the Environmental Protection Authority gave public notice of the Minister’s direction to refer the proposed Omnibus Plan Change to the Environment Court for decision; (d) the proposed Omnibus Plan Ch...

9. [2022] NZEnvC 068 University of Otago v Dunedin City Council [pdf, 639 KB]

   ...University of Otago appeal (DCC reference number 241) on the proposed Second Generation Dunedin City District Plan ('2GP'). [2] I have read and considered the consent memorandum of the parties dated 10 March 2022 and the accompanying affidavit of Peter Benjamin Rawson, affirmed 21 April 2022. [3] The court will only make orders if it is satisfied it is appropriate to do so and where there is no relationship between the provisions proposed to be amended by consent order...

10. [2022] NZEnvC 179 Waikanae Beach Retirement Village Limited v Kapiti Coast District Council [pdf, 269 KB]

    ...will serve the purpose of the RMA and the Council's (operative) District Plan 2021. It also submits that allowing the consent to commence will not prejudice or render ugato1y the appeal or any public or private interests. WBRVL lodged an affidavit of Jonathan David Ash (General Manager­ elopment of Arvida Group Ltd, which is the sole shareholder of WBRVL) dated 3 15 September 2022. [6] The Council advised on 27 September 2022 that it does not oppose the s 116 application...