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1. Wallace v Downes - Waiunu and other blocks (2020) 414 Aotea MB 81 (414 AOT 81) [pdf, 168 KB]

   ...that it is her niece Lorraine Downes, as the tenant and a trustee, that benefits from the property. [20] Further, Ms Wallace submits that the trust has exhausted funds on repairs for the property. While she acknowledges that the property does generate some rental income, she contends the rent received from the property is insufficient to offset the costs incurred by the trust on repairs. Respondents’ submissions [21] Mr Downes and Ms Downes oppose the partial termination....

2. OIA-120014.pdf [pdf, 5.9 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 1 April 2025 Our ref: OIA 120014 Dear Official Information Act request: Pātaka Whenua Thank you for your email of 4 March 2025, requesting information about the Māori Land Court’s Pātaka Whenua system and a copy of the Post-Implementation Review (PIR) of the Whenua Māori Programme, under the Official Information Act 1982 (the Act). Your request was as follows: I’m g...

3. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

   ...being adjusted to include inputs from recreation, social, noise and vibration experts.39 [82] Following further analysis of the findings from the long list assessment including the consideration of cost estimates for each option (which had not formed part of the MCA process), a five-options shortlist was drawn up. This included four offline options, three to the west of the existing highway and one to the east, and one online option. Longlist options located further west and east of...

4. 2022-04-01 ORC - Closing Submissions [pdf, 230 KB]

   ...significance are limited to: 5 (i) the fact that two different Suitably Qualified and Experience Practitioners (SQEP) peer review the ESCP for ORC and QLDC under their respective consenting processes; (ii) the review of some of the monitoring information; and (iii) a requirement by the ORC to consider the effects of the discharge of the environment, which is the ORC’s duty pursuant to section 15. 10 As Ms Heather and Ms Strauss have rightly acknowledged, a degree of cons...

5. [2023] NZEnvC 112 The Owners of Rangatira Blocks 8A17A5 v Taupo District Council [pdf, 4.3 MB]

   ...Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed, and Taupō District Council is directed to: (a) amend the provisions of Proposed Plan Change 37 as set out in Appendix 1, attached to and forming part of this consent order; and (b) make any consequential changes to the numbering of plan provisions or to the relevant planning maps resulting from the above amendments. (2) the appeal is otherwise dismissed. B: Under secti...

6. [2022] NZEnvC 178 Lomai Properties Limited v Auckland Council [pdf, 698 KB]

   Lomai Properties Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 178 IN THE MATTER OF an appeal under clause 14 of Schedule 1 the Resource Management Act 1991 BETWEEN LOMAI PROPERTIES LIMITED (ENV-2022-AKL-000021) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge J A Smith sitting alone under s 279 of the Act Date of Order: 27 September

7. Hutt Valley Justice Sector innovation project phase 2 final report: Delivering better public services at the frontline [pdf, 1.9 MB]

   ...of working together on delivering the initiatives 1. At their Leadership Board Retreat on 10 July 2012, justice sector Chief Executives confirmed their commitment to BPS driving connected and innovative service delivery at the frontline. They requested that a project be established in the Hutt Valley to identify where and how greater collaboration and innovation in frontline service delivery could deliver better results for the sector, including achievement of justice BPS targets. 2...

8. [2017] NZEnvC 174 New Zealand Transport Agency v Marlborough District Council [pdf, 13 MB]

   ...applicant's counsel post hearing. It is unclear whether these were circulated to submitters and the Transport Agency for comment (as might be expected for fairness reasons) but Mr Anderson considered it probable they were not, given their final form2 [14] The applicant proposed amendments to some of these conditions during the course of proceedings before the court and I now cover those of significance to the issues. Proposed conditions [15] The applicant's proposal in...

9. 2020-10-12-Key-Issues-Report-9-October-2020.pdf [pdf, 2.1 MB]

   ...analysed at the laboratory for turbidity, faecal bacteria (as E. coli), and total and dissolved nutrients (nitrogen and phosphorus). 2.29 Nitrite-nitrate nitrogen (NNN), ammoniacal-N and dissolved reactive phosphorus (DRP) are dissolved inorganic forms of the nutrients nitrogen (N) and phosphorus (P) respectively. N and P are the two key nutrients required for growth of plants and algae. DRP includes phosphate. The terms total nitrogen (TN) and total phosphorus (TP) refer to the sum t...

10. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors [pdf, 596 KB]

    ...remains the same; the context in which it is undertaken differs. I regard the context in which work is undertaken as the pivotal difference, which is of relevance in this case. [60] Nor do I see it as particularly helpful to differentiate work which generates an externally sourced income and work that does not in determining whether someone is in an employment relationship. By way of illustration, a person may be an employee of a commercial enterprise (such as Fletcher Building);...