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  1. NN Ltd v FS [2021] NZDT 1403 (28 April 2021) [pdf, 231 KB]

    ...costs of proceedings can be made in favour of NN. Is NN prevented from bringing this claim because EH had previously told FS he would write off the debt? 10. A contract can be discharged by agreement. However, where a contract has been wholly performed, a promise by one party to discharge the other from contractual obligations must be supported by separate consideration to be contractually binding. 11. That means that unless NN received something of value or benefit from FS in exc...

  2. OWRUG - EiC - A M Gillespie (3 Feb 2021) [pdf, 3.9 MB]

    ...together for the entire catchment. We have overseen coordination of all Irrigation companies and sub catchment applications to present a catchment wide solution. Coordinating and extensive body of work which addresses the current NPS. 56. MCG was formed as a collective voice for all irrigators in the Manuherkia catchment including the Ida Valley. Its purpose: (a) Develop, adopt and manage a collectively agreed Catchment Management Plan for the benefit of all members of the Societ...

  3. [2023] NZEnvC 071 Fraser Auret Racing v Rangitikei District Council [pdf, 937 KB]

    ...tl1e current Proposal proposed an area of 65 ha ha of land as opposed to tl1e 40 ha identified in the Commissioner/Council decision, tl1e Environment Court had found tl1at the Proposal was outside tl1e scope of tl1e Appeal; • tl1e Council had requested the Court to consider exercising its powers under s 293 of the RJ'vIA so tl1at tl1e current Proposal could be considered; • the Court agreed to tl1is request and in its Minute dated 17 Janua1y 2022 made directions tl1at t...

  4. [2022] NZEnvC 048 Grandview 2011 Limited v Dunedin City Council [pdf, 2.6 MB]

    ...Environment Court, by consent, orders that: (1) the appeal is allowed to the extent that Dunedin City Council is directed to amend the provisions of the proposed Dunedin City Second Generation District Plan, as set out in Appendix 1, attached to and forming part of this order; (2) the appeal by Grandview 2011 Limited allocated as DCC Reference NDVIEW 2011 LIMITED v DCC - 2GP - Consent Order 2 numbers 21, 377 and 378 is resolved and the appeal is otherwise dismissed. B: U...

  5. Environment Court Topic Structure (with pathway comments) -4.11-2.xlsx [xlsx, 24 KB]

    ...Holdings Ltd The Warehouse Ltd ENV-2016-304-000065 PAUP-050 City Centre-QSV Precinct I210.1; I210.3; I210.4.1; I210.6.1(3); I210.8.2(3); H8 Precincts (28)(A34)(A36); H8.6.16(2); H8.8.1 ENV-2016-AKL-000184 Smith and Caughey Ltd All NA [stand alone] Request that this matter is placed on hold to enable off-line discussions between the parties, after which Court-assisted mediation may be appropriate. ENV-2016-304-000065 PAUP-050 City Centre-Viaduct Harbour Precinct I211.1; I211.2(7); I211.3(1...

  6. RA v LZ LCRO 2 / 2011 (22 August 2012) [pdf, 182 KB]

    ...also critical of the Practitioner in having given evidence in the litigation whilst being involved in the matter professionally. The Committee found this to be a breach of Rules 5.1, 6.1 and 13.5. [17] The Committee noted that despite Mr RA’s request in September 2008 that the Practitioner remove himself as estate solicitor after High Court proceeding had been filed, the Practitioner continued to act for the estate. The Committee accepted that the Practitioner’s motivation...

  7. [2015] NZEnvC 218 Waiheke Marinas Ltd [pdf, 11 MB]

    ...modification put forward by the applicant late in the main hearing in 2014, are to be found in the visual and landscape section of this decision. [3] The proceedings have not been with the Environment Court all that time. In mid-2013 the Applicant requested the Council under s87D to refer the application directly to the Environment Court for a first instance (and only) merits hearing. At the end of that year the Applicant filed a Notice of Motion with the Environment Court under s87G,...

  8. Regulatory Impact Statement December 2009 Legal Aid Review [pdf, 85 KB]

    ...service delivery contracting for and providing legal aid services an improved accreditation process which ensures the professional and administrative competence of providers of legal aid services. Once legislation is in place the procurement reforms will be implemented progressively, starting with those that involve the lowest risk. Remaining recommendations require further analysis and will be addressed in a paper to Cabinet in March 2010. Adequacy statement The Ministry of Justic...

  9. OTAGO REGIONAL COUNCIL NOE [pdf, 6.6 MB]

    BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF the Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 08 March 2021 held in Dunedin Court: Environment Ju