Search Results

1. [2019] NZEnvC 017 Cossens v Queenstown Lakes District Council [pdf, 4.5 MB]

   ...BETWEEN AND Decision No. [2019] NZEnvC 17 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act JOHN COSSENS (ENV-2017 -CHC-79) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner J T Baines Hearing: In Chambers at Christchurch Final submissions received 20 December 2018 Date of Decision: 12 February 2019 Date of Issue: 12 February 2019 FINAL DECISION A: Under section...

2. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

   ...No. [2018] NZEnvC \ q ':t- of the Resource Management Act 1991 of an appeal under s 325 of the Act DOUBLE R DEVELOPMENTS LIMITED (ENV-2018-AKL-000047) Appellant WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent Court: Environment Judge D A Kirkpatrick Environment Commissioner I M Buchanan Appearances: M A Osmand for Appellant R C Zame for Respondent Hearing: at Tauranga on 15 May 2018 Date of Decision: 9 October 2018 Date of Issue: 9 October 2018 DECISION OF THE...

3. LCRO 176/2019 LJ v RY and PG (7 July 2020) [pdf, 230 KB]

   ...matters Mr LJ referred to. 8 • Mr LJ wanted to instruct a different barrister. Mr RY convinced him to continue to instruct Mr PG because Mr RY considered he was a very good lawyer. • Mr PG did not follow Mr LJ’s requests to submit to the Judge at the Court hearing that although the products being sold by [Business E] were similar to those previously supplied by [Business D], there was no infringement of intellectual property. • Messrs RY and PG advised Mr LJ to proc...

4. 2020-02-19 Simon Wilson Reply [pdf, 166 KB]

   ...MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant STATEMENT OF EVIDENCE IN REPLY OF SIMON SHIELD WILSON ON BEHALF OF THE OTAGO REGIONAL COUNCIL 19 February 2021 Judicial Officer: Judge Borthwick Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.n...

5. Carey Clan Trust v Still [pdf, 100 KB]

   ...nor its agents were responsible for the lack of weathertightness in the building. 70. Success said that their policy is that: - • no agent makes representations regarding weathertightness, • they have no professional skills or ability to judge weathertightness, • they did not represent that they had, 17 • they recommended that the claimants obtain a building report, which they did, • they recommended that a Code Compliance Certificate be obtained, which it was,...

6. ZA v YB LCRO 135/2014 (31 August 2016) [pdf, 76 KB]

   ...without good cause; misled the Court by swearing a false affidavit in litigation; answered interrogatories in a way that did not sit comfortably with his duty of honesty to the Court as a lawyer. Mr Dorbu also made baseless derogatory comments about a Judge. Auckland Standards Committee v Comeskey [2010] NZ LCDT 19 (23 July 2010) 12 [50] Mr Comeskey pleaded guilty to three charges before the Tribunal which included improprieties over his performance of his agreement with the L...

7. LCRO 13/2019 RA v LO (23 September 2019) [pdf, 146 KB]

   ...what is happening. Given indication that a settlement is possible, courts will generally be very receptive to allowing time to the parties to traverse settlement options. Of course, this flexibility is constrained to a degree by the fact that judges presiding over busy courts are not able to postpone the commencement of a hearing for an indefinite period of time. [63] In my view it may be prudent when parties reach agreement to discontinue proceedings in circumstances where an agr...

8. [2020] NZEnvC 175 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.1 MB]

   ...AND BETWEEN AND Decision No. [2020] NZEnvC 175 of the Resource Management Act 1991 of an appeal under section 120 of the Act WILKINS FARMING CO LIMITED (ENV-2018-AKL-380) Appellant SOUTHLAND REGIONAL COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner M C G Mabin Environment Commissioner A P Gysberts Hearing: In Chambers at Christchurch Date of Decision: 14 October 2020 Date of Issue: 14 October 2020 SECOND INTERIM DECISION OF THE ENVIRONM...

9. David Guccione Evidence in Chief [pdf, 290 KB]

   ...178-189. 32. Crowder, L. B., Lyman, S. J., Figueira, W. F., & Priddy, J. (2000). Source-sink population dynamics and the problem of siting marine reserves. Bulletin of Marine Science, 66(3), 799-820. 33. Howarth, L. M., Dubois, P., Gratton, P., Judge, M., Christie, B., Waggitt, J. J., ... & Handling editor: Emory Anderson. (2016). Trade-offs in marine protection: multispecies interactions within a community-led temperate marine reserve. ICES Journal of Marine Science, 7 4(1 ), 26...

10. LCRO 220/2020 UOY - Application for review of a prosecutorial decision (3 June 2021) [pdf, 225 KB]

    ...Mr UOY, as trustee of the OY Trust, has failed in his fiduciary duties to the other beneficiaries. [15] Ms SV attached a number of documents to her complaint, including an unsigned loan agreement between Mr UOY and the OY Trust, a judgment of [Judge BC] in the High Court directing (inter alia) Mr UOY’s suspension as a trustee2 and notes of evidence in interrogatories delivered to Mr UOY by Ms SV in the substantive trust proceedings.3 [16] As well, Ms SV attached an undated copy...