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1. Maori Trustee v Hanford - Ohiro 19 and 21 Block 10 (Polhill Gully) (2006) 165 Aotea MB 131 (165 AOT 131) [pdf, 2.4 MB]

   ...account the necessary considerations. JJ [23] The recent judgment in re: Whangaruru Whakaturia lD6B9 A, B & C - Karena (2005) 102 Whangarei MB 259 dated 15 September 2005 concerned status change per section 137 of the Act. In that decision Chief Judge J V Williams stated Minute Book: 165 AOT 158 that all five requirements of section 137 (a) to ( e) must be satisfied before exercise of the discretion could be contemplated. More importantly, it was held that section 137 was in...

2. [2019] NZEnvC 084 Kilmarnock Farm Limited v Canterbury Regional Council [pdf, 8.7 MB]

   ...Decision No. [2019] NZEnvC 84 of the Resource Management Act 1991 of an application for declarations under section 311 of the Act KILMARNOCK FARM LIMITED (ENV-2018-CHC-162) Applicant CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 309(1) RMA) Hearing: at Christchurch on 15 October 2018 Appearances: K G Reid and N Davies for the applicant PA C Maw and K H Woods for the Canterbury Regional Council Date of Decision:...

3. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [pdf, 286 KB]

   ...efficacy or otherwise of the proposed approach would have been best measured. Even if their strategy had been rejected by the Court, it does not necessarily follow that the advice was professionally culpable. Lawyers’ arguments are often rejected by judges; this is the nature of an adversarial system. Arguments are made, tested by the Court and either accepted, rejected or modified. Was the Committee correct in its decision to make an unsatisfactory conduct finding in respect t...

4. 2021-03-24 OWRUG - DOC v ORC (C28-2002) [pdf, 1.2 MB]

   ...Resource Management Act 1991 of a reference pursuant to Clause 14 of the First Schedule of the Act MINISTER OF CONSERVATION (Part RMA 583/00 Mining Privileges) Referrer OTAGO REGIONAL COUNCIL Respondent BEFORE THE ENVIRONMENT COURT Environment Judge J A Smith Environment Commissioner I G C Kerr Environment Commissioner N Burley HEARING at DUNEDIN on 4 and 5 December 2001 APPEARANCES Mr S Christensen and MS M Wylie for referrer Mr J Williamson for Otago Water Resource Users Group (OWR...

5. Findlay v Auckland City Council [pdf, 108 KB]

   ...two relatively recent High Court decisions: Sunset Terraces (supra) and Byron Avenue (supra). [45] It is clearly apparent from recent superior court decisions that the definitive test is not only what a reasonable territorial authority, judged according to the standards of the day, should have observed. A territorial authority may also be liable if defects were not detected due to its failure to establish a capable inspection regime for identifying critical waterproofing i...

6. [2017] NZEnvC 058 Hokio Trusts v Manawatu-Wanganui Regional Council [pdf, 4 MB]

   ...[2017] NZEnvC 58 ENV-2016-WLG-000004 of an appeal under section 120 of the Resource Management Act 1991 HOKIO TRUSTS Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent MANAWATU-WANGANUI REGIONAL COUNCIL Applicant Environment Judge B Dwyer Environment Commissioner I Buchanan Environment Commissioner K Prime 21 April 2017 21 April 2017 FURTHER DECISION OF THE ENVIRONMENT COURT A: Conditions confirmed. Introduction [1] Hokio Trusts appealed consents g...

7. [2019] NZEnvC 111 Tussock Rise Limited v Queenstown Lakes District Council [pdf, 8.4 MB]

   ...NZEnvC 111 of the Resource Management Act 1991 of an appeal pursuant to clause 14( 1) of the First Schedule of the Act TUSSOCK RISE LIMITED (ENV-2018-CHC-121) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson ( sitting alone under section 279( 1) of the Act) Hearing: at Queenstown on 20 December 2018 (Final submissions received 26 April 2019) Appearances: GM Todd and BB Gresson for Tussock Rise Limited K L Hockly for the Queenst...

8. National Standards Committee 1 v Gardner-Hopkins [2021] NZLCDT 21 (22 June 2021) [pdf, 360 KB]

   ...TRIBUNAL [2021] NZLCDT 21 LCDT 022/20 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NATIONAL STANDARDS COMMITTEE No. 1 Applicant AND JAMES DESMOND GARDNER-HOPKINS Practitioner CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Hon P Heath QC Ms M Noble Ms G Phipps Prof D Scott HEARING HELD AT Wellington District Court DATE OF HEARING 17-21 May 2021 DATE OF ORIGINAL DECISION 22 June 2021 DATE OF REISSUED DECISIO...

9. [2021] NZEnvC 107 Rangitane o Tamaki Nui-A-Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 858 KB]

   ...BETWEEN RANGITĀNE O TAMAKI NUI-Ā- RUA INCORPORATED (ENV-2019-WLG-000018) JOHN BENT (ENV-2019-WLG-000019) Appellants AND MANAWATU-WANGANUI REGIONAL COUNCIL Respondent AND TARARUA DISTRICT COUNCIL Applicant Court: Environment Judge B P Dwyer Environment Commissioner J A Hodges Hearing: On the papers Last case event: Second Interim decision issued 18 June 2021 Appearances: Mr D Allen and Ms E Bennett for the Tararua District Council (TDC) Mr N Jessen for th...

10. [2021] NZEnvC 140 Protect Aotea v Auckland Council [pdf, 545 KB]

    ...LIMITED Applicant AND SOCIETY FOR PROTECTION OF AOTEA COMMUNITY AND ECOLOGY INCORPORATED NGĀTI PAOA TRUST BOARD RALPH GOLABOSKI CAIT DEVEY SAM GRIMSHAW MANUKA DAVENPORT SHARON REID s274 Parties Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279(1)(c) and (e) of the Act Hearing: At Auckland on 26 July 2021 Appearances: J Gardiner-Hopkins for Protect Aotea R Enright and R Haazen for Protect Our Gulf Inc 2 A Buchanan and R O’Co...