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1. [2013] NZEmpC 242 Udovenko v Offshore Marine Services Ltd [pdf, 153 KB]

   ...2012, not 17 April 2012. The Authority’s determination is accordingly set aside. [51] Because of my findings I do not need to go on to consider and determine the plaintiff’s alternative cause of action. [52] Costs are reserved at the request of both parties. If they cannot otherwise be agreed they may be the subject of an exchange of memoranda, with the plaintiff filing and serving any memoranda and material in support within 30 days of the date of this judgment and...

2. Responsiveness to Resource Management Issues - a New Zealand perspective a paper by Commissioner K Edmonds [pdf, 244 KB]

   ...national planning templates for guidance exist, 1 There are 11 Regional Councils, 12 City Councils (which are largely urban), 54 District Councils and 1 Auckland Council (which amalgamated 8 former councils in 2010). 2 although there is some material on the Quality Planning Website. The Quality Planning website (QP) was launched in 2001 to “promote good practice by sharing knowledge about all aspects of practice u...

3. [2024] NZEnvC 050 The Warehouse Limited v Auckland Transport [pdf, 16 MB]

   ...further amendments to the conditions. On 3 November 2023, the Council notified AT’s decision to submitters on the EB2 NOR. [2] The Council granted resource consents for EB2 on 11 September 2023. That decision was not appealed. EB2 [3] EB2 forms part of the wider Eastern Busway Project. [4] The key aspects of the EB2 NOR can be summarised as follows: (a) A dedicated busway from Pakuranga Road along Ti Rakau Drive to a new bus station; (b) A new bus station at 26 Ti Rakau D...

4. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...rather, she was (at that stage) an executor and could not retire. [78] That debate then became one about whether Ms XK had completed executor duties and had assumed trustee duties. [79] Ultimately Ms XK did not resign. [80] Subsequently, Ms XK requested Mr JB to resign his executor and trustee roles — this, some seven years after Mr B had passed away. [81] All of this required the involvement of Mr JB to a greater or lesser extent. He was both co-trustee with Ms XK and acting...

5. [2023] NZEnvC 025 Minister of Conservation v Marlborough District Council [pdf, 5.5 MB]

   ...activity rules for vegetation clearance is also necessary to assist in minimising the loss of ecosystems, habitats and areas with indigenous biodiversity value. Indigenous vegetation clearance, as defined, involves the destruction or the removal of all forms of indigenous vegetation, including when removed as a result of land disturbance activities. It is important to note that there may be some circumstances where the clearance of indigenous vegetation will be excluded from rules, such...

6. [2024] NZEnvC 194 Connor [pdf, 1.4 MB]

   ...non-confrontational we mean buildings that are sympathetic to the style of the area while not necessarily being replicas or imitative of existing styles. [68] In this regard it is necessary for us to discuss the upper end of Golf Road, which forms a counterfactual for the purposes of this hearing. We are again unanimous that similar character values arise at the end of Golf Road, although in that case the obelisk itself is not visible, but instead there is a grove of pūriri tree...

7. Steedman v Apatu - Owhaoko D6 Subdn 3 (2015) 341 Aotea MB 164 (341 AOT 164) [pdf, 372 KB]

   ...met. Counsel says that the standard Auckland District Law Society sale and purchase agreement does not provide for witnessing and accordingly that agreement has not been witnessed. However, counsel pointed out that the Authority & Instruction Forms (“A & I Forms”) have been signed and witnessed consistent with r 11.10 of the Rules. Counsel added that the trustee who signed the sale and purchase agreement did so with the authority of the other trustees and both the appli...

8. Paikea - Otara 5D1 (2016) 140 Taitokerau MB 78 (140 TTK 78) [pdf, 220 KB]

   ...decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summarise those principles as follows: a) The PCA are entitled to be given formal notice of the application and hearing; b) The application is considered in two steps. First the Court must assess whether each of the five statutory preconditions set out in s 136 of TTWMA have been met. Once an applicant has s...

9. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summarise those principles as follows: a) The PCA are entitled to be given formal notice of the application and hearing; b) The application is considered in two steps. First the Court must assess whether each of the five statutory preconditions set out in s 136 of TTWMA have been met. Once an applicant has s...

10. ENVC Hearing 6Oct14 DM expert Bridget Gilbert attachments [pdf, 2.5 MB]

    ...the candidate landscape including: • an initial assessment of the naturalness of the space (to the extent this is more than the sum of the elements described under (1) above); • its legibility – how obviously the landscape demonstrates the formative processes described under (1); • its transient values; • people and communities' shared and recognised values including the memories and associations it raises; • its memorability; • its values to tangata whenua;...