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1. [2018] NZEnvC 002 Mackenzie District Council [pdf, 3.1 MB]

   ...same form is a plan (change) that has been altered by the local authority as a result of its hearing of, and decision on, submissions. A further much less common, reference is a change to a proposed plan by a decision of the Environment Court on appeal. It is still not clear (see the 6th and 8th Decisions of the Environment Court in the Federated Farmers Sequence) whether a decision by the Environment Court under clause 15 is under section 290 or section 293 RMA (or both). But it does...

2. BW v SC LCRO 1/2015 (8 April 2015) [pdf, 85 KB]

   ...Letter LCS to BW (7 October 2014). 6 Standards Committee Determination – Reasons [22] The issue of a determination which contained no discussion or reasons accords with the provisions of s 158 of the Act, and the judgment of the Court of Appeal in Orlov v NZLS.12 [23] The dilemma the absence of discussion or reasons presents on review has been referred to in other decisions from this Office, 13 [24] In Deliu v Hong which is required by s 213(2) of the Act to provide...

3. LQ v VN LCRO 43 / 2011 (3 May 2012) [pdf, 107 KB]

   ...scope of a review. He referred to articles by Professor Duncan Webb on the LCRO website and in particular to Professor Webb’s observation that the Lawyers and Conveyancers Act 2006 refers to a “review” rather than a “re hearing” or “appeal”. [22] Professor Webb goes on to say that “...the review is not a de novo re hearing. As such the onus will lie on the applicant for review to show that the decision of the Standards Committee was wrong either in law, or that it...

4. Malcolm Hunt [pdf, 279 KB]

   In the Environment Court of New Zealand Christchurch Registry ENV-2016-CHC-47 Under the Resource Management Act 1991 (RMA) In the matter of an appeal under section 120 of the RMA Between Blueskin Energy Limited Appellant And Dunedin City Council Respondent Statement of evidence of Malcolm Hunt 24 February 2017 Respondent's solicitors: Michael Garbett Anderson Lloyd Level 10, Otago House, 477 Moray Place, Dunedin 9016 Private Bag 1959, Du...

5. LCRO 44/2017 JJ v IO, UZ, [Law Firm A] [pdf, 233 KB]

   ...scope of review [29] 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...

6. [2021] NZEmpC 55 MacLeod and Others v Wellington City Transport Ltd and CityLine (NZ) Ltd [pdf, 257 KB]

   ...Interim injunction principles [17] There is no controversy as to the applicable principles when considering an application for an interim injunction. These were authoritatively stated in NZ Tax Refunds Ltd v Brooks Homes Ltd, when the Court of Appeal said:2 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolous. Ne...

7. Federated-Farmers-of-New-Zealand.pdf [pdf, 395 KB]

   ...the purposes of section 308C or 308CA of the Resource Management Act 1991. Federated Farmers is interested in all of the proceedings. 1. Federated Farmers represents farmers in the Waikato and Waipā Rivers Catchment. 2. Federated Farmers has appealed the decision to on Proposed Waikato Regional Council Plan Change 1 – Waikato and Waipā River Catchments (“PC1”), as amended by the Hearing Panel, in its entirety, i.e. the decision as it relates to the introduction and all o...

8. Federated Farmers of New Zealand.pdf [pdf, 395 KB]

   ...the purposes of section 308C or 308CA of the Resource Management Act 1991. Federated Farmers is interested in all of the proceedings. 1. Federated Farmers represents farmers in the Waikato and Waipā Rivers Catchment. 2. Federated Farmers has appealed the decision to on Proposed Waikato Regional Council Plan Change 1 – Waikato and Waipā River Catchments (“PC1”), as amended by the Hearing Panel, in its entirety, i.e. the decision as it relates to the introduction and all o...

9. Greyling v Gimranov [2016] NZIACDT 55 (15 September 2016) [pdf, 216 KB]

   ...both for knowingly offending, or a fine of up to $100,000 if the knowledge 4 element is absent. The courts have treated the offending as having a gravity that reflects the range of penalties. In Hakaoro v R [2014] NZCA 310 the Court of Appeal dealt with an appeal against a sentence of one year and eight months’ imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court. 1 [15] If a lice...

10. Webster v Takarangi - Ngarara West B3B (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 3 MB]

    ...renl, purchase money, royallies, or olher proceeds of Ihe alienation of land, or of any compensalioll payable in respecl of other revenue derived from Ihe land, affected by allY order to which all applicaliollullder sectioll 45 of this Act or all appeallt/lller Part 2 of tit is Act relates. (2) Notwithstanding anYlhing illihe Crown Proceedings Acl 1950, any ilYlInclion lIIade by the Court under this section may be expressed to be binding on the Miiori Trustee. (3) Any ilYlInction lIIad...