Search Results

1. [2019] NZEnvC 072 Wilson v Canterbury Regional Council [pdf, 2.5 MB]

   ...notice issued by the Canterbury Regional Council on 28 February 2019 requiring the appellant to cease the unlawful diversion of water from a spring fed waterbody entering his property' in Ashburton and discharging to a pond2 via a recently formed drain. The letter accompanying the abatement notice states that "the action required to comply is to reinstate the former alignment with consents issued to undertake this work"3. [2] This decision deals with an application fo...

2. FVSV e-Update December 2019 [pdf, 286 KB]

   ...resources online – the quick topic search is often a good place to start. Hard copy books, reports, and DVDs are available for loan. The Clearinghouse also publishes issues papers and resources. Staff are available to respond to individual queries and requests for information by email or phone, info@nzfvc.org.nz. The Clearinghouse is based at the University of Auckland. Subscribe to the NZFVC mailing lists to receive updates on research, resources, news, and events. Services and Co...

3. [2021] NZEnvC 135 Caradoc-Davies v Clearwater [pdf, 213 KB]

   ...Society” are the Applicants. [22] The Applicants reject the accusation of “double dipping”. They submit that engaging an expert more than once is not inappropriate behaviour. [23] The Applicants advise that invoices/receipts were available on request, the Respondents did not request the full accounts. [24] The Applicants submit the claim by the Respondents that the final remediation works completed are closely aligned to those discussed in the third JSC is not true. The...

4. [2023] NZEnvC 075 Gray v Dunedin City Council [pdf, 289 KB]

   ...final set of conditions to be lodged by the appellants, after consultation with the Council. The parties agreed on a set of conditions. The court issued a final decision2 on 29 March 2023 confirming the conditions by consent of the parties as forming part of the resource consent granted to the appellant. The issue of costs was reserved. Application for costs3 [3] The appellants filed an application for costs with the court on 28 March 2023. The appellants seek an award of cost...

5. Auckland Standards Committee v Holmes [2011] NZLCDT 31 [pdf, 94 KB]

   ...Converyancers Act 2006 (“the Act”) with: a) Misconduct, or in the alternative b) Unsatisfactory conduct that is not so gross wilful or reckless as to amount to misconduct in that on or about 8 June 2010 he deducted as fees, on the basis of pro forma invoices which were not notified to the clients and which did not reflect any services provided, money he held in the nature of stale balances for a number of persons. The charge is that this conduct breached all or any of secti...

6. ENV-2016-AKL-000271 Bunnings Limited v Auckland Transport [pdf, 857 KB]

   ...proposed road widening would fail to achieve Auckland Transport's objectives. (b) There is no basis for Designation 1453 to apply to the New Lynn Site as the land for which the predecessor road widening requirement was previously acquired now forms part of the road, and Auckland Transport has been unable to provide any evidence to demonstrate that the road widening designation was modified during the rollover process or inserted into the plan through a notice of requirement or si...

7. 2021-11-05 ORC - MOC - re chapter 6 [pdf, 3.4 MB]

   ...tracked changes below (red text shows text proposed as part of Plan Change 8, no further changes agreed in mediation). Section 6.1.2.2 Waste lubricating oil Waste lubricating oil accounts for possibly the largest quantity of low toxicity waste generated. All motor vehicle users generate waste oil and it is also produced wherever machinery is used. Oil has adverse environmental effects on any receiving waters or land. The toxicity of oil derives from heavy metal additives or combust...

8. ENV-2016-AKL-000272 J Mawson v Auckland Transport [pdf, 1.1 MB]

   ...one of the persons described in section 274(1) of the RMA. 2. To become a party to the appeal, you must, within 15 working days after the period for lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003) with the Environment Court by email (to unitaryplan.ecappeals@justice.govt.nz) and serve copies of your notice by email on the Auckland Council (to unitarvplan@a...

9. [2019] NZEnvC 005 The New Zealand Heavy Haulage Association Incorporated (Huose Movers Section) v South Tarnakai District Council [pdf, 1.4 MB]

   ...issues that required attention. We asked the Council to provide a revised draft of the provisions. [2] The Council provided revised draft provisions, and has updated the provisions to: • Provide for the advice note for partial refunds of performance bonds to be part of the rule; • Provide for the two types of bonds (cash bonds or bank (third party) bonds); and • Make associated mechanical changes to ensure the provisions are workable in light of these changes. [3] The...

10. [2017] EmpC 153 Lorigan v Infinity Automotive Ltd [pdf, 479 KB]

    ...concerned? [24] Finally, I emphasise the point made in the Regulations, to the effect that there is a requirement to specify facts upon which a claim is based, but not the evidence of the facts: reg 11(1)(b). [25] I begin by considering the requests regarding the amended statement of problem dated 19 December 2012. Mr Towner confirmed that three of the requests had in fact now been complied with.12 Following discussion with the Court, four more were not pursued.13 [26] Turn...