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1. [2019] NZEnvC 130 New Zealand Association of Radio Transmitters Incorporated v Kapiti Coast District Council [pdf, 4.9 MB]

   ~l BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC \ 3 0 of the Resource Management Act 1991 of an appeal pursuant to cl 14 of the First Schedule to the Act NEW ZEALAND ASSOCIATION OF RADIO TRANSMITTERS INCORPORATED and KAPITI AMATEUR RADIO SOCIETY INCORPORATED (ENV-2018-WLG-000006) Appellants KAPITI COAST DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commission...

2. LCRO 2/2017 RR and SS Trust v QQ, WW, EE, GG, TT, YY, UU, OO, PP, ZZ, FF and DD (3 December 2019) [pdf, 70 KB]

   ...scope of review [9] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

3. Notice of Motion seeking direct referral 26 May 2020 redact [pdf, 175 KB]

   ...considerable information in relation to the Application. Further, the Application was preceded by a designation process which attracted 742 submissions and was the subject of a two-week council-level hearing in March and April 2019, and three appeals to the Environment Court. (g) The Transport Agency considers that the Application would be highly likely to come to the Environment Court on appeal of any decision made in the first instance by Horizons, for the following reasons: (i...

4. 12 June 2020 Weston Lea Limited v Hamilton City Council & Director-General of Conservation v Hamilton City Council [pdf, 266 KB]

   ...Facsimile: (09) 916 9090 https://www.justice.govt.nz/courts/going-to-court/pre/interpreters-language-and-disability-access/ http://www.justice.govt.nz/courts/environment-court SCHEDULE OF PROCEEDINGS Appeals against a decision on an application for land use and subdivision consents for the "Amberfield" residential and commercial development at 337-461 Peacockes Road, Hamilton ENV-2019-313-000010 Weston Lea Limited v Ha...

5. [2022] NZEnvC 040 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 187 KB]

   QTN PLAN APPEALS – TOPIC 2 INTERIM DECISION 2.13 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 40 IN THE MATTER of the Resource Management Act 1991 AND of appeals under 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 the attach...

6. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...applied when conducting a review of a determination to refer matters to the Tribunal. Judgments of the courts provide a useful framework within which to come to a decision in this review: 2 [3] In Orlov v New Zealand Law Society, the Court of Appeal held:1 • “… a decision under s 152(2)(a) does not determine the outcome of the complaint. It only determines which body should be seized of it.”2 • “… the imposition of a threshold test3 is an unwarranted gloss on s...

7. [2024] NZEmpC 47 Haven Falls Funeral Home Ltd v Tepania [pdf, 188 KB]

   ...already noted, this is a de novo challenge. The evidence will be heard afresh, and it is difficult to predict with any certainty how that evidence will come out or what the outcome will be.6 6 Although dealing with an application to bring an appeal out of time, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]....

8. [2023] NZEmpC 78 Carrington Resort Jade LP v Maheno [pdf, 215 KB]

   ...means that if a stay was granted, Ms Maheno would be prevented from accessing the fruits of her success for a considerable time. [13] It is submitted that the company’s challenge has merit and that it is brought in good faith. The Court of Appeal has accepted that the apparent strength of an appeal can be relevant in determining an application for a stay but also indicated in the same 8 At [12], citing Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129. judgment...

9. 2024-07-18-Notice-of-Hearing-Buckham-v-QLDC.pdf [pdf, 247 KB]

   ...https://www.justice.govt.nz/courts/going-to-court/pre/interpreters-language-and-disability-access/ http://www.justice.govt.nz/courts/environment-court EC4180_NoticeOfHearing SCHEDULE OF PROCEEDINGS Appeal against decision declining consent to undertake temporary events at 31 Speargrass Flat Road, Dalefield, Wakatipu Basin ENV-2023-331-000003 Buckham v Queenstown Lakes District Council Appeal Against Decision Of Consent Authority pu...

10. 25 November 2024 Ngati Whatua Orakei Whai Maia Ltd v Auckland Council [pdf, 249 KB]

    ...Auckland Telephone: (09) 916 9091 Facsimile: (09) 916 9090 https://www.justice.govt.nz/courts/going-to-court/pre/interpreters-language-and-disability-access/ http://www.justice.govt.nz/courts/environment-court SCHEDULE OF PROCEEDINGS An appeal against a decision on an application to extend the northern-western breakwater and causeway at Westhaven Marina - 31 Westhaven Drive, Auckland ENV-2019-304-000014 Ngati Whatua Orakei Whai Maia Limited v Auckland Council Applican...