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  1. [2022] NZEnvC 051 Perjuli Developments Limited v Waikato District Council [pdf, 14 MB]

    ...clarity, a copy of his cancellation decision is annexed hereto as “B”. The Commissioner, having considered the matters in relation to s 128 to s 132 inclusive, concluded that the consent should be cancelled under s 132(3). That decision was appealed to this Court and the matter proceeded to a full hearing under a hybrid hearing system due to COVID-19 constraints. The key issues [9] At its heart, the concern of Ngāti Tamainupō in particular, represented by Ngāti Tamainup...

  2. Maori Trustee v Hanford - Ohiro 19 and 21 Block 10 (Polhill Gully) (2006) 165 Aotea MB 131 (165 AOT 131) [pdf, 2.4 MB]

    ...therefore, the applications are granted. Once the transcript of the hearing is provided Mr Bennion and his clients will have opportunity to consider their position and I will provide written reasons for my oral decision this evening in writing if any appeal is mounted. In the circumstances, without having heard from Counsel, I also consider that on the issue of costs they should lie where they fall. That is my decision. " [ 4] Counsel for the respondents has now filed an appeal. Thi...

  3. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

    ...properly considered. Instead it behaved as if it was prosecuting Mr X for causing stress to its other employees. [62] The cases relied on by Ms Thomas do not support all of her submission. In Smith v Christchurch Press Co Ltd the Court of Appeal considered for the first time the connection between conduct ostensibly outside of the workplace and an employer’s ability to dismiss for it.4 The circumstances in Smith were serious. A Christchurch Press employee was harassed and s...

  4. Nepia Ranapia - Evidence in Chief [pdf, 1.6 MB]

    BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF NEPIA RANAPIA ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Customs St East Bri...

  5. [2023] NZEnvC 091 Barnhill Corporate Trustee Ltd v Queenstown Lakes District Council [pdf, 2 MB]

    ...PDP – TOPICS 25 AND 30 RE WAKATIPU BASIN TEXT – FINAL DECISION 2023 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 91 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN BARNHILL CORPORATE TRUSTEE LIMITED and all other appellants concerning Topics 25 and 30 of Stage 2 of the proposed Queenstown Lakes District Plan (ENV-2019-CHC-086) Appell...

  6. [2021] NZACC 102 – Broad v ACC (16 November 2021) [pdf, 632 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 102 ACR 75/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GINA BROAD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 May 2021 Heard at: New Plymouth/Ngamotu Appearances: Ms S Mason for the appellant Ms A Miller for the respondent Judgment: 12...

  7. ENVC-38 application for waiver or directions [docx, 13 KB]

    ...[full name], apply for a waiver (or directions) in the following proceedings: [state— · the Environment Court's reference number for the proceedings (eg, RMA 232/98); or · the parties to the proceedings and the nature of the proceedings (eg, an appeal on a resource consent application or an application for an enforcement order)]. I am the following party to these proceedings: [state which party]. I seek the following waiver (or directions): [give details]. ........................... S...

  8. Huang v Auckland Council [2012] NZWHT Auckland 16 [pdf, 40 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000057 [2012] NZWHT AUCKLAND 16 BETWEEN JING HUANG Claimant AND AUCKLAND COUNCIL First Respondent AND MOON YIN KEUNG Second Respondent AND OWEN LAMB Third Respondent Decision: 16 March 2012 DETERMINATION of liability and quantum in respect of the Auckland Council, First Respondent Adjudicator: P J Andrew INTRODUCTION [1] By joint memorandum dated 5 March 2012 the claimant and Auckland Counc

  9. Practice Note 1 2019 Requests for Tenancy Tribunal audio recordings [pdf, 87 KB]

    ...and any transcriptions of such recordings. 2. The Tribunal maintains audio recordings of hearings before it for administrative reasons. The Tribunal does not transcribe such recordings as a matter of course. 3. If a party has filed an appeal to the District Court in respect of the Tribunal’s decision, the Tribunal will only transcribe an audio recording if the District Court makes an order directing the Tribunal to do so in accordance with r 18.15 of the District Court Rule...

  10. 2023-05-22-Form-33-Muaupoko-Board-of-Trustees.pdf [pdf, 510 KB]

    ...project I am a person who made a submission about the subject matter of the proceedings. I am not a trade competitor for the purposes of section 308C of the Resource Management Act 1991. I am directly affected by an effect of the subject of the appeal that- • (a) adversely affects the environment; and • (b) does not relate to trade competition or the effects of trade competition. I am interested in all of the proceedings. I am interested in the following particular issues as s...