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1. [2022] NZEnvC 051 Perjuli Developments Limited v Waikato District Council [pdf, 14 MB]

   ...Resource Management Act 1991 AND cancellation of the resource consent under s 132(4) subsection 3 of the Act BETWEEN PERJULI DEVELOPMENTS LIMITED (ENV-2021-AKL-25) Appellant/Consent Holder AND WAIKATO DISTRICT COUNCIL Respondent Court: Judge J A Smith Commissioner S Myers Commissioner K Prime (attended remotely) Hearing: 21 – 25 February 2022 via VMR based at Auckland Last case event: 25 February 2022 Appearances: T Gibbons for Perjuli Developments Limited (Per...

2. [2022] NZEnvC 101 Otago Regional Council - Urban Provisions [pdf, 1.9 MB]

   ...proposed Plan Change 8 to the Regional Plan: Waste for Otago (referred to the Environment Court by the Minister for the Environment under s142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant Court: Environment Judge P A Steven Environment Commissioner J A Hodges Hearing: In Christchurch and by audio visual link on 24 and 25 March 2022 Appearances: L F de Latour and T Wadworth for Otago Regional Council P Williams for Director-General of Conserva...

3. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...Management Act 1991 AND an appeal under s120 of the Act BETWEEN WARWICK SUTHERLAND WILSON (ENV-2020-AKL-51) Appellant AND WAIKATO REGIONAL COUNCIL Respondent AND OHINAU AQUACULTURE LIMITED Applicant Court: Environment Judge J J M Hassan Environment Commissioner K A Edmonds Environment Commissioner K Prime Hearing: at Whitianga on 2-6 and 16-19 November 2020 Site visit on 7-8 December 2020 Appearances: M Williams and C Beattie for the appellant M Ma...

4. [2022] NZEnvC 101 Otago Regional Council [pdf, 1.4 MB]

   ...proposed Plan Change 8 to the Regional Plan: Waste for Otago (referred to the Environment Court by the Minister for the Environment under s142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant Court: Environment Judge P A Steven Environment Commissioner J A Hodges Hearing: In Christchurch and by audio visual link on 24 and 25 March 2022 Appearances: L F de Latour and T Wadworth for Otago Regional Council P Williams for Director-General of Conserva...

5. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...conceptually, the joinder of further claimants increases the size of the claims, whereas joinder of additional respondents introduces the prospect of spreading the same extent of liability between a greater number of liable parties. [13] The Associate Judge did not cite s 72 of the Act, but presumably had s 72(1)(a) in mind, giving the Tribunal the power to determine any liability to a claimant of “any of the parties”. In respect of any such liability, the Tribunal may then det...

6. [2024] NZEnvC 237 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.6 MB]

   ...clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN MANGAWHAI MATTERS INCORPORATED (ENV-2024-AKL-187) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND THE RISE LIMITED Applicant Court: Environment Judge J A Smith sitting alone under s 279 of the Act Last case event: 25 September 2024 Date of Order: 1 October 2024 Date of Issue: 1 October 2024 _________________________________________________________________ CONSENT DETER...

7. Survey on public attitudes towards the physical discipline of children [pdf, 449 KB]

   ...modelled on an English study (Protecting Children, Supporting Parents, 1998) that formed part of a consultation document for the English government on the physical punishment of children. The use of section 59 as a defence largely centres around whether a judge or jury decides the force used was reasonable in the circumstances. Circumstances vary considerably; therefore rather than list multiple scenarios of physically disciplining children for the respondents to reply to, the questions aimed...

8. Cooper v Wellington City Council [pdf, 237 KB]

   CLAIM NO: 2171 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN AVIS COOPER Claimant AND WELLINGTON CITY COUNCIL First Respondent AND R & I KENNEDY LIMITED Second Respondent AND R TE ONE ASSOCIATES LIMITED Third Respondent AND No Fourth Respondent Master Build Services Limited having been struck out AND TREVOR GASKIN Fifth Respondent AND No Sixth Respondent CSR Building

9. E81 Karen Wilson (Engagement) - EIC - Te Ākitai Waiohua [pdf, 3.5 MB]

   BEFORE THE ENVIRONMENT COURT OF NEW ZEALAND AT AUCKLAND I MUA I TE KOOTI TAIAO O AOTEAROA TĀMAKI MAKAURAU ENV-2018-AKL-000078 UNDER the Resource Management Act 1991 (RMA) A N D IN THE MATTER of direct referral of an application for resource consents for the necessary infrastructure and related activities associated with holding the America’s Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant A N D AUCKLAND COUNCIL Regulatory Authority

10. [2018] NZEnvC 116 Kumeu Property Limited v Auckland Council [pdf, 8 MB]

    ...MATTER AND BETWEEN AND Decision No. [2018] NZEnvC f /6 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act KUMEU PROPERTY LIMITED (ENV-2017 -AKL-044) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith, sitting alone pursuant to s 279, in chambers at Auckland Counsel: RE Bartlett QC for Kumeu Property Limited D Hartley and M Matich for Auckland Council Date of Decision: 24 July 2018 Date of Issue: 2 {if J U L 20n.~ F...