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1. 2022-04-29 ORC PC1 - [2022] NZEnvC 69 - Scope Decision on Landfills [pdf, 335 KB]

   ...The court has considered whether, in the case of a plan change referred to the court for a decision on submissions, it should be even more reticent than is usual in striking out a person’s case. However, in this case, Mr Cocks’ submission requests relief the court simply cannot grant, and so it does not disclose a relevant case. It is appropriate it should be struck out. We note that Mr Cocks has had the benefit of raising his concerns in court-assisted mediation of PC1, and wi...

2. Sionetama - Puketapu E Māori Reservation (2021) 436 Aotea MB 273 (436 AOT 273) [pdf, 266 KB]

   ...meeting outcomes. [38] Turning then to the various submissions, regarding the arguments for or against Peter Knuckey’s appointment since, as foreshadowed, he withdrew his application prior to the issuing of this judgment, those submissions have not formed any part of the Court’s consideration as to whom to appoint. [39] Regarding Ms Taylor and Mr Taylor, they opposed each other’s appointments for what might generally be described as allegations over misconduct and inappropriat...

3. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...unfortunately is the problem. Mr Kennelly wrote to the LCRO on 15 February 2017 in an email that contained the following3: Mr P is a person who assaulted his mother and has spent his father’s money. He is like a Dog with a Bone! I acted on the request of his mother with the knowledge that his father was being manipulated as he continues to be by Mr P. … This guy is a classic bully, manipulator, liar and a narcissist. … What should have been of note to the Complaint...

4. LCRO 120/2021 SB v KR (3 August 2022) [pdf, 174 KB]

   ...essential issue was that Ms SB wanted to have these affairs regularised with distributions to be made to beneficiaries including herself. A law firm, [Law Firm A], acted for the various trusts partnerships and estates. Our role was to endeavour to get information and apply pressure to hurry up the process. ... [15] Mr KR continues:8 … Given the complexity of the matter and the value of the assets concerned, our overall fee of $11,898 was reasonable in all of the circumstances. O...

5. [2023] NZEnvC 102 The Alpine Group Limited v Southland Regional Council [pdf, 8.1 MB]

   ...the court's endorsement fall within the court's jurisdiction and conform to the relevant requirements and objectives of the Act including, in particular, Part 2. Outcome [8] All parties to the proceeding have executed the memorandum requesting the orders. On the information provided to the court, I am satisfied that the orders will promote the purpose of the Act so I will make the orders sought. PA Steven Environment Judge AUTH-20211565 ~ APPENDIX 1 Cnr North R...

6. [2023] NZEnvC 043 Minister of Conservation v Northland Regional Council [pdf, 419 KB]

   ...Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to section 297. The Court understands for present purposes that: 8 (a) all parties to the proceedings have executed the memorandum requesting this order; (b) all parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction, and conform to the relevant requirements and objectives of the Act including, in particu...

7. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...planning witness, Mr Allen, said that in addition to the location of infrastructure service connections, the Standard requires Council to consider the functionality and operation of the service connections. He said that the Council will sometimes request information as to whether the services are ‘fit for purpose’ to ensure that the existing servicing infrastructure is operating in a manner that is avoiding the creation of adverse effects on the environment. [29] Later in que...

8. Tutakangahau v Boynton - Allotment 335 Parish of Waiotahi [2024] Chief Judge's MB 291 (2024 CJ 291) [pdf, 306 KB]

   ...Details of subsequent Orders affecting lands to which this application relates. 16. Consolidated order at 7 Waiariki MB 35-36 (26 April 2010). Details of payments made as a result of the Order 17. The block is not leased therefore no request has been made for details. Reference to areas of difficulty 18. There are no areas of difficulty to which this application relates. Consideration of whether matter needs to go to hearing 19. Upon the face of it there appe...

9. Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (2024) 486 Aotea MB 169-185 (486 AOT 169-185) [pdf, 688 KB]

   ...Compliance Certificate has been issued, within the Construction Period. A Code of Compliance Certificate for any occupied building on the Site must be provided to the Court prior to the expiry of the Construction Period, and to the Landowner(s) if requested. (b) The Occupier shall obtain all required building and resource consents from the Council for any buildings that are located on the site. These must be provided to the Landowner(s) if requested. (c) The Occupier shall ensure th...

10. Thomas v Accident Compensation Corporation (Suspension of Entitlements) [2024] NZACC 107 (26 June 2024) [pdf, 248 KB]

    ...2020, Ms Thomas had a coccyx fracture injury. [9] On 16 May 2022, Ms Thomas had a left back sprain injury. [10] On 16 May 2022, an x-ray report of Ms Thomas’ sacrococcygeal spine showed that the S5 fracture had healed well without residual deformity. [11] On 5 December 2022, Mr Ferguson stated that Ms Thomas’ right knee symptoms had escalated. Plain radiographs demonstrated femorotibial joint space as well maintained, and there was no evidence of significant advanced arthrit...