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1. [2017] NZEnvC 062 Pukekohe East Community Society Incorporated v Auckland Council [pdf, 1.8 MB]

   ...of appeals under sections 120 and 174 of the Act PUKEKOHE EAST COMMUNITY SOCIETY INCORPORATED (ENV-2016-AKL-000164) Appellant AUCKLAND COUNCIL First Respondent WATERCARE SERVICES LIMITED Second Respondent Couri:-----Elwil"OnmenLJudge-D-AJ{i~kpat~ick-----------­ Environment Commissioner R M Dunlop Hearing: Appearances: Environment Commissioner 0 Bunting on the papers J C Brabant and S T Darroch for Appellant L J Cutfield for First Respondent P M S McNamara an...

2. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

   ...[66] In the hearing before Faire J, the argument focused upon whether the foundation repairs should meet the stringent standards of NZS 3604, as proposed by the homeowners, or the more relaxed standards in the MBIE Technical Guidance. The Judge found that NZS 3604 was of limited relevance and, although he did not criticise the MBIE Technical Guidance, he noted that there were difficulties in applying a 2017 standard to a house built in the early 1900s. He concluded that “spec...

3. [2020] NZEnvC 025 Willis Bond Capital Partners No. 3 Limited [pdf, 914 KB]

   ...87G of the Act requesting the granting of resource consents to Willis Bond Capital Partners No. 3 Limited WILLIS BOND CAPITAL PARTNERS NO. 3 LIMITED (ENV-2019-WLG-000022) Applicant WELLINGTON CITY COUNCIL Consent Authority Environment Judge B P Dwyer Environment Commissioner M C G Mabin Deputy Environment Commissioner M Pomare 23 and 24 September 2019 at Wellington received: 4 October 2019 Appearances: D J S Laing and E H Wiessing for Applicant B Dean for Wellington Cit...

4. [2022] NZEnvC 033 Director-General of Conservation v Whangarei District Council [pdf, 3.4 MB]

   ...in respect of Kauri Dieback Hygiene provisions BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2020-AKL-127) Appellant AND WHANGĀREI DISTRICT COUNCIL Respondent Court: via Audio Visual Link (VMR) and in Court at Auckland Presiding: Judge JA Smith (remote) Environment Commissioner SK Prime (remote) Environment Commissioner S Myers (in Court at Auckland) Hearing: 1 – 4 February 2022 Appearances: M Hooper for the Director-General of Conservation (DOC) (in Court...

5. [2021] NZEnvC 200 Director-General of Conservation v Thames-Coromandel District Council [pdf, 752 KB]

   ...in the matter of an appeal pursuant to Clause 14 of the First Schedule of the Act BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-AKL-149) Appellant AND THAMES-COROMANDEL DISTRICT COUNCIL Respondent Court: Alternate Environment Judge L J Newhook Commissioner R M Bartlett Commissioner K Prime Last case event: Submissions received 16 November 2021 Date of Decision: 22 December 2021 Date of Issue: 22 December 2021 ________________________________________________...

6. [2021] NZEnvC 106 Rangitane o Tamaki Nui a Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 861 KB]

   ...RANGITĀNE O TAMAKI NUI Ā RUA INCORPORATED (ENV-2018-WLG-000034) TARARUA DISTRICT COUNCIL (ENV-2018-WLG-000035) 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 f...

7. [2021] NZEnvC 147 Royal Forest and Bird Protection Society of New Zealand v Bay of Plenty Regional Council [pdf, 2.7 MB]

   ...THE MATTER OF an application under section 76 of the Biosecurity Act 1993 BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND (ENV-2020-AKL-183) Applicant AND BAY OF PLENTY REGIONAL COUNCIL Respondent Court: Environment Judge D A Kirkpatrick Environment Commissioner S C Myers Environment Commissioner J A Hodges Hearing: By audio-visual link on 22 September 2021 Appearances: W Jennings for Royal Forest and Bird Protection Society of New Zealand Incor...

8. [2022] NZEnvC 240 Cornelius v Western Bay of Plenty District Council [pdf, 799 KB]

   ...the Resource Management Act 1991 BETWEEN S CORNELIUS B LEVERS (ENV-2022-AKL-000117) Appellants AND WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent AND NGĀTI HANGARAU TAURANGA CITY COUNCIL Applicants Court: Chief Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Order: 24 November 2022 Date of Issue: 24 November 2022 ________________________________________________________________________________________ CONSENT ORDER ____________...

9. [2023] NZEnvC 071 Fraser Auret Racing v Rangitikei District Council [pdf, 937 KB]

   ...Management Act 1991 BETWEEN FRASER AURET RACING (ENV-2020-\VLG-00003 7) Appellant AND Court: Hearing: Site Visit: Last case event: Appearances: Date of Decision: Date of Issue: RANGITIKEI DISTRICT COUNCIL Respondent Environment Judge BP Dwyer Environment Commissioner DJ Bunting 12-14 September 2022 at Levin 12 September 2022 lvlinute issued 8 November 2022 No appearance for Fraser Auret Racing NJ es sen and A Sinclair for the Council M Baker-Galloway and S Sch...

10. LCRO 146/2022 RK v ZW (14 April 2023) [pdf, 361 KB]

    ...webinar were “non-issues”; and (c) lawyers were entitled to challenge his recommendations, but to elevate such challenges to an issue of competency, was analogous to elevating appeals filed in the courts, to criticism of the competence of the judges against whose decisions the appeals were being advanced; and (d) it would defy credibility to suggest that Mr ZW had played no part in the drafting of Mr SN’s High Court affidavit; and (e) the number and timing of the complaints...