Search Results

1. [2019] NZEnvC 161 Egmont Refuse and Recycling Limited v South Taranaki District Council [pdf, 14 MB]

   ...his opinion that "the revised proposal promotes the purpose of the Act by ensuring the community has a more effective means of sustainably processing recyclable materials which in turn will assist with reasonably meeting the needs of future generations".4 [14] Following receipt of the 5 July consent memorandum the Court issued a Minute requesting further information on certain conditions. A response was provided by joint memorandum dated 26 August 2019. Consideration [...

2. [2021] NZEnvC 130 City Rail Link Limited [pdf, 304 KB]

   ...any substantive predetermination. b) Construction timeframes are extremely tight. In order to achieve these, and the benefits of the alteration, a decision on the alteration is required by December 2021. c) Background: i) CRLL lodged a request with Council under section 198B of the RMA to allow the requirement to be directly referred to the Environment Court for determination on 25 June 2021 (i.e. contemporaneously with the NoR). Council approved that request under secti...

3. 2022-02-11 Statement of Evidence of Rachel Ozanne dated 11 February 2022 incl appendices [pdf, 2.9 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA

4. ENV-2016-AKL-000275 Dilworth Trust Board v New Zealand Transport Agency [pdf, 10 MB]

   ...Viaduct'. 9. Management of the alleged effects of neighbouring land uses is proposed to occur by the requirement to obtain the Respondent's approval to any structure within the designation boundary under s 176(1 )(b) of the Act. In considering that request for approval the Designation confines the Respondent to consider only the adverse effects on traffic safety on the carriageway of the Newmarket Viaduct caused by: • Obstruction to identified sight lines; • Lighting;...

5. [2022] NZEnvC 197 Aurora Energy Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...Space and Recreation. Except that: a. • The following are exempt from Rule 39.5.2: i. Minor upgrading of electricity transmission and distribution or telecommunication lines. ii. The addition of a single supporting structure within formed legal road, where it is reguired to provide a customer connection to an existing line. iii. New mid-span support structures within formed legal road, where these are reguired on an existing line to meet the safety clearance reguiremen...

6. Government Response to Law Commission report on the Review of the Privacy Act 1993 [pdf, 84 KB]

   ...recommendation7 that the Criminal Disclosure Act 2009 refer to the Evidence Regulations 2007 rather than the repealed Evidence (Videotaping of Child Complainants) Regulations 1990. Work plans for better guidance and privacy education Three recommendations8 request minor changes to the Legislation Advisory Committee Guidelines on Process and Content of Legislation. The Government has invited the Legislation Advisory Committee to review its Guidelines in the light of these recommendatio...

7. Katene-Griffith - Katene Whanau Trust (2017) 47 Te Waipounamu MB 4 (47 TWP 4) [pdf, 290 KB]

   ...trusts, which they have indicated to the Court is their intention, then no beneficiary of the trust will lose their equitable interest in the shares. 9 [20] Moreover, the evidence indicates that Joseph has had a ‘fair inheritance’ in the form of an inter vivos gift of land from Kuini to Joseph in the 1980’s. That land was sold by Joseph in 2016 for $117,000.10 Therefore there is no risk that Joseph will be unreasonably disadvantaged by receiving ‘less than his fair share...

8. Smith v Smith - Waipaoa 5A2 and other lands - Estate of Francis Guthrie-Smith (2016) 64 Tairawhiti MB 15 (64 TRW 15) [pdf, 190 KB]

   ...in the company is held on trust in equal shares for the surviving children of Francis Guthrie and Sarah Freda Smith; (c) the parties will notify each other and the Court in writing of their nominations and obtain the necessary trustee consent form from each nominee on or before 23 December 2016; (d) the independent trustee is to be appointed by the Court on or before 30 January 2017; The estate’s intentions regarding Waipaoa 5A2 [7] The parties to the succession application...

9. [2025] NZEmpC 32 ZUW v WFW [pdf, 216 KB]

   ...order to ZUW. Subsequently, the defendant’s counsel asked to have the defendant excused from further participation for practical reasons; the existence of the permanent order in WFW’s favour in the Authority and to avoid ongoing expense. That request was granted. 2 At [11]. 3 At [4]. 4 At [12]. 5 WFW v ZUW [2024] NZERA 365 (Member Doyle). Evidence by affidavit [8] Evidence supporting this challenge was provided by affidavit. One reason for ZUW’s applicati...

10. [2023] NZEnvC 252 Woodgate v Palmerston North City Council [pdf, 184 KB]

    ...the Act and alleges that the “Commissioner misdirected himself as to the data threshold to be met under 88(3), and as to the appropriateness of aggregating minor data elements/deficiencies, each of which were amenable to being … within a s 92 request for information process, to form a view that the totality of the application was 3 insufficient for s 88(3) purposes”.1 The Law [6] Section 88 relevantly provides: (2) An application must— (a) be made in the prescribe...