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1. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix C [pdf, 1.4 MB]

   ...minimum flow and allocation limits for some of the larger catchments (e.g. the Taieri, upper Manuherekia, Luggate, and Pomahaka). The most recent of the plan changes (PC5A - Lindis: Integrated water management) was notified in 2013 and is still under appeal in the Environment Court where appellants have disputed its proposed minimum flow limit. 13 Another plan change (PC6A) on water quality became operative in 2014 but also provided for a deferment of the rules for limiting n...

2. 2019-10-01-MfE-Professor-Skeltons-Report.pdf [pdf, 1.9 MB]

   ...https://www.lawa.org.nz/explore-data/otago-region/water-quantity/surface-water-zones/taieri-catchment/ 16 resources, urban growth, hazardous substances, the built environment, historic heritage, and managing adverse effects. The primary objectives relating to freshwater in the RPS are Objectives 3.1 and 3.2. In the appeals version of the plan, these objectives state: Objective 3.1 The values (including intrinsic values) of Otago’s ecosystems and natural resources are recogni...

3. [2023] NZEnvC 124 PowerCo Ltd v Manawatu District Council [pdf, 2.9 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision [2023] NZEnvC 124 IN THE MA TIER of appeals under cl 14 of Schedule 1 of the Resource :tvfanagement Act 1991 BETWEEN AND PO\'{IERCO LIMITED (ENV-2017 -\'v'LG-000060) TRANSPOWER NE\V ZEALAND LIMITED (ENV-2017-WLG-000064) (ENV-2021-\'v'LG-000025) Appellants MANA\VATO DISTRICT COUNCIL Respondent Court: Judge L J Semple sitting alone under s 279...

4. [2025] NZLVT 13 - Northview Capital Ltd v Hamilton City Council (21 March 2025) [pdf, 1.1 MB]

   ...Partners. 27 Evidence-in-chief of Grant Eccles at [21]. 27 development of an intersection at SH3/Dixon Road. Number 3019 Ohaupo Road remained outside of Stage 1.28 [72] The owners of 3019 were one of five submitters on Variation 14 which appealed to the Environment Court. The appeals were resolved in May 2012 when the Environment Court issued a consent order. The consent order amended the structure plan to include 3019 in Stage 1 but subject to a site-specific rule (rule...

5. [2011] NZEmpC 117 Advkit v Weston Rehearing [pdf, 84 KB]

   ...“great dexterity” as Mr Dixon-McIver was suggesting in the affidavit he had prepared for her to sign. The motor skills involved are not all that complicated but it is the use of one’s creativity and satisfaction in seeing the end product which appeals to people attending the courses. She was totally unaware of the circumstances surrounding Mrs Weston’s employment claim, but was aware that she had been assaulted as she was very upset at one stage. Mrs Weston never told her...

6. [2012] NZEmpC 58 Evolution E-Business Ltd v Smith [pdf, 110 KB]

   ...various email exchanges between the parties which indicated some frustration on his part in resolving the costs issue because Evolution had changed its legal representation and was obtaining a second opinion as to whether or not it would file an appeal in the matter. [4] On 13 October 2011, a memorandum was filed on behalf of the plaintiff with respect to the issue of costs. It confirmed that Evolution had changed its legal representation to Russell McVeagh and that Mr Skelton ha...

7. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

   ...internal controls and conduct internal checks and audits in real estate firms; and US26152 – Explain the principles of ethics applying to real estate practice. [39] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________...

8. Deputy Registrar v Trustees of Okahukura 8M2C2C2B Trust - Okahukura 8M2C2C2B Trust (2015) 337 Aotea MB 101 (337 AOT 101) [pdf, 188 KB]

   ...(whether by way of injunction or otherwise.) [22] It is trite law that trustees must adhere to their duties and any suggestion as to a lack of knowledge of such responsibilities is no defence against a claim of breach of duty. The Court of Appeal judgment Rameka v Hall underscored the relevant duties including the principal obligation of being familiar with the terms of the trust. 12 I adopt the principles set out in that decision. Discussion Were the legal costs rea...

9. Wawatai(Tate) - Estate of Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233) [pdf, 110 KB]

   ...variety of estoppel is res judicata. This results from the rule which prevents the parties to a judicial determination from litigating the same question over again, even though the determination is demonstrably wrong. Except in proceedings by way of appeal, the parties bound by the judgment are estopped from questioning it. As between one another, they may neither pursue the same cause of action again, nor may they again litigate any issue which was an essential element in the decis...

10. Chase-Seymour - Paenoa Te Akau (2015) 114 Waiariki MB 195 (114 WAR 195) [pdf, 209 KB]

    ...formerly known Rangatira 8A10E and 8A14A. I made those orders conditional only on the survey of those blocks. I am therefore limited to those issues. Mr Fitzsimmon’s issues arise in relation to Rangatira 8A10B. It is open to Mr Fitzsimmons to appeal the orders should he wish to revisit the substantive matters concerning the partition orders made on 17 December 2012. [31] I therefore make an order determining that the partition orders made on 17 December 2012 be amended per s...