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1. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

   ...acting upon an honest but mistaken belief is not misconduct (let alone serious misconduct). That submission overstates the position. As noted by this Court in Minhinnick v New Zealand Steel Ltd, the correct approach is that stated in the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan.12 That approach means that even one-off acts of inadvertence, oversight or negligence can, depending on the overall circumstances, amount to serious misconduct just...

2. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [pdf, 286 KB]

   ...scope of review [87] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. 5 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 15...

3. 2021-03-14 Joanna Gilroy - Evidence (13 March 2021) [pdf, 20 MB]

   ...applications can be prepared and processed on that basis. 39 Those applicants that lodged applications before PC7 was notified have generally been happy with having a decision be made before PC7 is operative. However, some of these decisions have been appealed to the Environment Court. I understand that these appeals will be decided upon once we have a decision on PC7. 40 Our next scheduled hearing relating to a deemed permit is not until the week of the 17th of May, with a decis...

4. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...scope of review [72] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:32 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

5. [2017] NZEnvC 058 Hokio Trusts v Manawatu-Wanganui Regional Council [pdf, 4 MB]

   BEFORE THE ENVIRONMENT COURT Court Date of Decision: Date of Issue: IN THE MATTER BETWEEN AND AND Decision: [2017] NZEnvC 58 ENV-2016-WLG-000004 of an appeal under section 120 of the Resource Management Act 1991 HOKIO TRUSTS Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent MANAWATU-WANGANUI REGIONAL COUNCIL Applicant Environment Judge B Dwyer Environment Commissioner I Buchanan Environment Commissioner K Prime 21 April 2017 21 April 2017...

6. UK v VL LCRO 142/2013 (2 September 2016) [pdf, 257 KB]

   ...scope of review have been discussed on a number of occasions by the High Court. In 2012 Winkelmann J said of the process of review under the Act:6 ... the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...

7. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

8. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

   ...scope of review [79] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:16 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. [2021] NZEnvC 107 Rangitane o Tamaki Nui-A-Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 858 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2021] NZEnvC 107 IN THE MATTER OF appeals under s 120 of the Resource Management Act 1991 BETWEEN RANGITĀNE O TAMAKI NUI-Ā- RUA INCORPORATED (ENV-2019-WLG-000018) JOHN BENT (ENV-2019-WLG-000019) Appellants AND MANAWATU-WANGANUI REGIONAL COUNCIL Respondent AND TARARUA DISTRICT COUNCIL Applicant Court: Environment Judge B P Dwyer Environment Commissioner...

10. [2021] NZEnvC 155 - Upper Clutha Environmental Society Incorporated & Others v Queenstown Lakes District Council [pdf, 671 KB]

    QTN PLAN APPEALS – TOPIC 2 – INTERIM DECISION 2.12 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 155 IN THE MATTER of the Resource Management Act 1991 AND of appeals pursuant to clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-56) and all other appellants concerning Topic 2 of Stage 1 of the Proposed Queenstown Lakes District Plan (listed on...