Search Results

1. 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...

2. [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...

3. 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...

4. 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...

5. 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...

6. [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...

7. [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...

8. Property-Law-Act-amendments-in-the-COVID-19-Response-Management-Measures-Legislation-Bill.pdf [pdf, 1.3 MB]

   ...generally – though not always – a quicker, cheaper alternative to a court process and allows parties to tailor the process to their particular dispute and does not necessarily require legal representation. 54 Generally, arbitral decisions cannot be appealed or reviewed in full and are final and binding. This avoids the costly and time-consuming appeals process that may occur in normal civil litigation. The scope of the grounds for an appeal are very limited unless the parties agree o...

9. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...scope of review [82] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 that...

10. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

    ...Ltd and St Helliers Capital Ltd v Minister for Land Information [2015] NZEnvC 55 at [24]. 7 Under s24(7)(d). 8 Davis v Wanganui City Council (1986) 11 NZTPA 240. 9 Ravji v Wellington Hospital Board PT Wellington W39/89. This was affirmed on appeal by the High Court on other grounds: Ravji v Wellington Hospital Board HC Wellington, AP 75/89, 14 February 1990. 18 Legal submissions for MacFarlane – overview of its case [65] The objector was represented by Mr Matthew Casey K...