Search Results

1. [2017] NZEnvC 215 Bathurst Coal Ltd v Selwyn District Council [pdf, 1.1 MB]

   ...against the abatement notice. The appeal was accompanied by an application for stay of the abatement notice under section 325(3A) of the Resource Management Act 1991 ("the RMA" or "the Act"). The application was supported by an affidavit of Mr D Spring, dated 22 December 2017. The application for stay [3] In accordance with section 325(3B) of the Act , the application for stay gives reasons as to why BCl considers it unreasonable for it to comply with the abate...

2. OL v EV LCRO 30/2013 (26 May 2014) [pdf, 113 KB]

   ...boundaries between her friendship and her employment obligations, by being indiscreet with information that was sensitive, personal and confidential to Mr OL’s former wife, and, by extension, to him. He is also concerned that Ms EV had sworn an affidavit in support of his former wife’s relationship property claim against him which contained evidence that was false. [4] He says that she is a legal PA so it is for the Standards Committee to hold her to account. 2 Standar...

3. JK v RQ LCRO 174 / 2011 (19 March 2012) [pdf, 75 KB]

   ...Complaints [4] The Applicant considered that the Practitioner was responsible for his failure to recover his half share of the alleged missing $200,000.00. He complained that she gave little in the way of advice, mainly processing and filing his affidavits, and contending that the Practitioner had withheld important information from him. In his second letter to the NZLS he elaborated on his complaints, adding that the Practitioner had failed to inform his about a ‘concealed’ N...

4. [2018] NZEnvC 106 The Wellington Company Limited v The Save Erskine College Trust [pdf, 210 KB]

   ...previously-indicated conditions about the order of works on the site. [6] Subsequent to that the parties have filed and exchanged submissions debating the extent and likely value of works to be bonded concerning the chapel; and TWCl has filed three affidavits, by Mr DBM Smith on engineering matters (1 June 2018), Mr NM Edwards as to the quantity surveying matters (1 June 2018) and Mr EW Hope-Pearson as to further quantity surveying matters (17 June 2018). Consideration, decision a...

5. Ward - Te Reti A37 (2005) 159 Aotea MB 133 (159 AOT 133) [pdf, 301 KB]

   ...evidence was given to strengthen Mr Ward's claim that both he and Ms Pearson and indeed all other parties dealing with this land were of the view, albeit mistakenly, that the land was General land. [9] Ms Pearson herself has provided an affidavit sworn 24 June 2005 which confinns her intention in 1993 to relinquish all rights she had in the land in favour of Mr Ward. At paragraph 10 of the affidavit she states, "1 have no objection to the present application for the chan...

6. [2019] NZEmpC 14 ESKA Ltd v Beloous [pdf, 282 KB]

   ...not comply with the determinations of the Authority or any judgment of the Court. (e) The Authority’s determinations ought to stand. (f) The claim of lack of funds is not credible. [6] Ms Strizheva, the director of ESKA Ltd, provided an affidavit in support of ESKA Ltd’s application. She also provided submissions on ESKA Ltd’s behalf. Her affidavit simply attached a one page document, apparently from the Bank of New Zealand, confirming customer details for ESKA Ltd as...

7. Consolidated Practice Directions 2016. [pdf, 139 KB]

   ...it adequately identifies the signatory’s approval of the contents and is as reliable as is appropriate in the circumstances including any subsequent confirmation by means of paper-based copies. Where signatures are required to be affixed to affidavits or statutory declarations, electronic versions of such documents (other than facsimile copies) may either contain an electronic signature (as qualified above) or may be filed electronically without such a signature if an original...

8. [2020] NZEnvC 017 Renew Energy Limited v Canterbury Regional Council [pdf, 239 KB]

   ...Canterbury Regional Council on: (a) Renew Energy Ltd; and (b) ERP Group Ltd - in respect of an activity involving the storage of bales of municipal waste at 25 Spencerville Road, Christchurch. [2] The application for stay is supported by the affidavit of Ms Michele Claire Dyer. 1 Background [3] On 10 September 2019 the Canterbury Regional Council served an abatement notice on ERP Group Ltd. The abatement notice requires ERP Group Ltd to remove all stockpiles of bales containin...

9. [2022] NZEnvC 181 Whangarei District Council v Gorbatchev [pdf, 212 KB]

   ...on any other site. The lean-to exceeds the maximum permissible length of 7.5m and therefore requires a resource consent. However, no resource consent has been applied for, nor obtained for this structure. The application was supported by an affidavit of Debra Lee Martin, an Enforcement Officer, sworn 26 August 2022. The affidavit set out the history of non- compliance, monitoring and enforcement action taken by the Council in relation to the Property. Ms Martin advised that despit...

10. [2024] NZEnvC 137 Auckland Council v Sharma [pdf, 242 KB]

    ...a variation to Consent Notice 7492866.3.”2 On 3 May 2016, the Council approved a variation to the consent for additional earthworks on the Site. [4] The Council conducted several site inspections following the approval of the consent. The affidavits of Petronella Strydom3 and Zoë Hortop4 set out the monitoring undertaken. The inspections observed the following breaches:5 the area and volume of earthworks was greatly exceeded; proper erosion and sediment controls were not mai...