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1. [2020] NZEnvC 138 Eyre Community Environmental Safety Society Inc v Christchurch Regional Council [pdf, 9.3 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA KITAMAKIMAKAURAU IN THE MATTER AND BE1WEEN AND AND Decision No. [2020] NZEnvC 138 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act EYRE COMMUNITY ENVIRONMENTAL SAFETY SOCIETY INCORPORATED (ENV-2014-CHC-000057) Appellant CHRISTCHURCH REGIONAL COUNCIL and WAIMAKARIRI DISTRICT COUNCIL Respondents WAIMAKARIRI IRRIGATION LIMITED Applicant Court: (Then) Chief En

2. [2007] NZEmpC WC 13/07 NZ Fire Service Commission v NZ Professional Firefighters Union [pdf, 85 KB]

   ...firefighters who are not members of the union but whose individual employment agreements are in similar terms to the collective agreement. Overall, this includes virtually all professional firefighters in New Zealand. [3] The proceedings were formulated on the assumption that the current collective employment agreement was subject to the transitional provisions contained in ss51 and 53 of the Holidays Act 2003 (the Holidays Act) and that, as a result, the collective agr...

3. Brown v REAA & Wealleans [2011] NZREADT 42 [pdf, 141 KB]

   ...considered in ascertaining the meaning of enactment include the indications provided in the enactment. Examples of those indications are preambles, the analysis, a table of contents, headings, … marginal notes, diagrams, graphics … and organisation in format of the enactment”. Counsel referred the Tribunal to extracts from Hansard relating to the debate in the House of Representatives on the second reading of the bill and also to the Select Committee Report. The principles of sta...

4. Frearson & Anor v CAC20009 & Anor [2015] NZREADT 13 [pdf, 220 KB]

   ...signs when there are issues with respect to the water as I have considerable experience with properties relying on bore water) I wasn’t aware that there was anything possibly wrong with the water or the septic tank. 6. In response to my usual request regarding water to the Lindegreens [the vendors], they confirmed to me that they had a good water supply by way of an easement from the farm next door. They certainly gave no indication that there was any problem with either the water o...

5. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

   ...conditions 3 and 4 as "conditions precedent", or "pre-conditions", (the language of contract), but rather to consider whether they were concerned with establishment of an activity on the one hand, in contrast to conditions to be performed on a continuing basis after establishment on the other, in the manner anticipated by the adaptive management conditions considered in Biodiversity Defence Society. We believe that to be a distinction worthy of consideration, and...

6. [2016] NZEnvC 253 Environmental Defence Society Incorporated v Mackenzie District Council [pdf, 666 KB]

   ...Court, announced by the Applicant and the Respondent three days before the hearing. The change resulted from EDS and the council reaching a significant agreement about how the rate of vegetation clearance or modification might be slowed, which informed the issues that came to be argued in place of the letter of the declarations themselves. 3 [7] The agreement was to the effect that the District Council would urgently promulgate a Plan Change (to be numbered PC17) before Christma...

7. Kingi - Maungaroa No 1 Section 27 (2018) 194 Waiariki MB 268 (194 WAR 268) [pdf, 356 KB]

   ...obligations of trust (1) The court may at any time require any trustee of a trust to file in the court a written report, and to appear before the court for questioning on the report, or on any matter relating to the administration of the trust or the performance of his or her duties as a trustee. (2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise...

8. [2017] NZEnvC 190 Hood v Dunedin City Council [pdf, 4.6 MB]

   ...the commencement of this consent, and maintained on an ongoing basis thereafter. [52] Ms Shipman recommends "tightening" (although as an effective rewrite). However, the Council also confirms that it does not oppose the applicants' request in closing that they be given the option of simply constructing a close-boarded 1.9m boundary fence. Our site visit revealed they have started on this, having dug post holes, put in a post or two, and strung out the line. The applic...

9. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...rather than merits 5 Geotherm Group Limited Decisions A 47/06 and A151/06 (Environment Court) 6 The Logic of Liberty: Reflections and Rejoinders (Routledge and Kegan Paul, London 1951) 7 The forms and limits of adjudication (1978-1979) 92 Harvard L Rev353-1st written in 1957 and revised in 1959 and 1961 and published posthumously. 15 appeals, particularly in the UK where there is emphasis on administrative decision-making in...

10. [2021] NZREADT 8 - Complaints Assessment Committee 2001 v Sheldon (19 February 2021) [pdf, 198 KB]

    ...prospective purchasers as to the complainants’ price expectations, in breach of rr 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”); and [b] misled the complainants by providing false information regarding a prospective purchaser’s comments on the value of the property, in breach of r 6.4 of the Rules. [2] Mr Sheldon admits that he sent a text to prospective purchasers inviting expressions of interest in the propert...