Search Results

1. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...those responsible for its construction returned to the site. They rely on Mr Hanns‟ evidence for this. [104] Based on this evidence the Council argue that the principles in Pullar1 apply where Chambers J said:- [19] With respect, the judge applied the wrong test. It is not necessary, in order for time to start running, to be able to pinpoint with precision the exact cause of every defect. Indeed, that would frequently mean time could not start running until the remedial...

2. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

   ...it had in place was in accordance with reasonable practice at the time. [65] The standards by which the conduct of a Council should be measured are set out in Askin v Knox1 where Cook P concluded that a Council officer‟s conduct will be judged against the knowledge and practice at the time at which the negligent act or omission was said to take place. This was also reinforced in Hartley v Balemi2 which states: [71] It is an objective standard of care owed by those in...

3. Taipari v Hauraki Maori Trust Board (2008) 114 Hauriki MB 34 (114 H 34) [pdf, 1.6 MB]

   ...and 26E of Te Ture Whenua Maori Act 1993 and Sections 180, 181, 182 and 183 of the Maori Fisheries Act 2004 DAVID TAIP ARI, WILLIAM PETERS, PAHI TUPUHI AND JOHN TAMIHERE Applicants HAURAKI MAORI TRUST BOARD Respondent RESERVED JUDGMENT OF JUDGE S TE A MILROY Summary of Decision [1] This decision holds as follows: a) The meaning of section 17(2)(b )(i) of the Maori Fisheries Act 2004 is that constitutional documents referred to in section 17(1) of the Act must be ratified i...

4. [2021] NZEnvC 051 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 4.6 MB]

   ...RANGITANE O TAMAI<.I NUI A RUA INCORPORATED AND AND (ENV-2018-WLG-000034) TARARUA COUNCIL DISTRICT (ENV-2018-WLG-000035) Appellants IvlANA WATU-WANGANUI REGIONAL COUNCIL Respondent TARARUA DISTRICT COUNCIL Applicant Environment Judge BP Dwyer Environment Commissioner J A Hodges On the papers Mr D Allen and Ms E Bennett for the Tararua District Council (IDC) Mr N Jessen for the Manawatu-Wanganui Regional Council (Regional Council) Mr A Warren for Rangitane...

5. RIA Terrorism Suppression Act part 2 [pdf, 1 MB]

   ...has been uncertainty about whether planning or preparation for a terrorist act was criminalised in the TSA. In 2020, the High Court decision, R v S3, found that planning or preparing to carry out a terrorist act is not criminalised in the TSA. The judge noted that “the absence of an offence of planning or preparing a terrorist act (falling short of existing inchoate offences) could be an Achilles heel”. The judge also noted that Australia and the United Kingdom have this offence. T...

6. ENV-2016-CHC-000047 Blueskin Energy Ltd v Dunedin City Council - Application [pdf, 1.6 MB]

   Application Details I(W, ~U.A G: S kti{ Fi rJ & " oS Y LI "'\ T £1) Application Form for a Resource Consent 50 The Octagon. PO Box 5045. Moray Place Dunedin 9058, New Zealand Ph 477 4000 wvvw.dunedin.govt.nz (must be the FULL name(s) of an individual or an enlity registered with the New Zealand Com~nie$ Office. Family Trust names and unofficial trading names are nol acceptable: in those situations, U~ the trustee{a) and director(s) names instead) hereby apply

7. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...ELIZABETH ISAAC Fourteenth Respondent ANNA LOCKER-LAl'vIPSON Fifteenth Respondent CEREDIG MORGAN RICHARDS Sixteenth Respondent DINAH MORGAN DUNAV AN Seventeenth Respondent MARY MORGAN RICHARDS Eighteenth Respondent Environment Judge B P Dwyer Environment Commissioner DJ Bunting on 15 February 2021 at Nelson closing submissions received 17 March 2021 K Mitchell and A Besier for Applicant A Olney and A Dartnall for First to Fourteenth and Seventeenth Respondents...

8. Scope of inquiry Minute October 2021 plus appendices [pdf, 720 KB]

   ...Ahsan Muhammad Abdus Samad Ashraf Ali Junaid Ismail MD Mojammel Hoq Tariq Rashid Omar Ozair Kadir Osama Adnan Yousef Abukwaik Haji Mohemmed Daoud Nabi Zekeriya Tuyan Date of Minute: 28 October 2021 MINUTE OF JUDGE MARSHALL RE SCOPE OF INQUIRY Introduction [1] An inquiry has now been opened, pursuant to s 59 of the Coroners Act 2006 (Coroners Act), into the deaths of each of the 51 people who died as a result of terrorist attacks carried out in C...

9. [2024] NZEnvC 183 Grenadier Ltd v Manawatu-Whanganui Regional Council [pdf, 402 KB]

   ...Decision No. [2024] NZEnvC 183 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN GRENADIER LIMITED (ENV-2022-WLG-24) Appellant AND MANAWATŪ-WHANGANUI REGIONAL COUNCIL Respondent Court: Environment Judge L J Semple Environment Judge S M Tepania Environment Commissioner R M Bartlett Hearing: Via audio-visual link on 30 August 2023, at Tukorehe Marae on 11 and 12 September 2023 and at the Wellington Environment Court on 13-15 Septe...

10. [2017] NZEnvC 109 Norsho Bulc Limited v Auckland Council [pdf, 2.5 MB]

    ...Management Act 1991 of an appeal pursuant to s 120 of the Act NORSHO BULC LIMITED (ENV-2016-AKL-000168) Appellant AUCKLAND COUNCIL Respondent BLACKBRIDGE ENVIRONMENTAL PROTECTION SOCIETY INCORPORATED Section 274 party Environment Judge D Kirkpatrick Environment Commissioner I Buchanan Environment Commissioner Evon Dadelszen at Auckland on 22 - 24 May 2017 J M Savage for Norsho Bulc Ltd G C Lanning and M McCullough for Auckland Council J C Brabant and S T Darroch fo...