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1. [2018] NZEnvC 218 Aratiatia Livestock Limited v Southland Regional Council [pdf, 9 MB]

   ...because at least five of its members were property owners residing near or in the street. Mangawhai Heads Holdings Limited v Kaipara District Council [2011] NZEnvC 203 at [13] . Wallace Group v Auckland Council [2017] NZEnvC 106 at [25]; Remarkables Park Ltd v Queenstown Lakes District Council C26/2005. Trustees of the Neville Crawford Family Trust v Far North District Council [2013] NZEnvC 141 at [12]. For completeness, see also this court's other recent Queenstown Lakes proposed D...

2. [2021] NZACC 5 - Andrews v ACC (12 January 2021) [pdf, 214 KB]

   ...vehicle pulled out in front and collided”. [55] She refers to Dr Anderson’s first report which includes: The next thing he recalls is his foreman standing beside. His foreman was travelling in the vehicle behind and had time to stop, park the vehicle and run over to his truck while Aaron was still in the truck. Therefore, the loss of awareness (loss of consciousness) would be a matter of a few minutes at the maximum. [56] Ms Tucker notes that the appellant had to be ext...

3. Responsiveness to Resource Management Issues - a New Zealand perspective a paper by Commissioner K Edmonds [pdf, 244 KB]

   ...subdivision and prepare and administer policy and rules in district plans. The territorial authorities largely have responsibilities for service delivery functions of water supply, waste disposal, stormwater, roading and community facilities such as parks and reserves, although some areas have Council Controlled Authorities (CCOs) which exercise infrastructure service delivery functions. Six of the territorial authorities (Gisborne, Marlborough, Nelson, Tasman and Chatham Islands) a...

4. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...purchasers lined up for all four parcels. However, only one parcel was sold. That left Peetom with a block of approximately 75 ha.2 [9] In May 2012, Peetom started to investigate the possibility of subdividing the 75 ha block into a “farm park” style project, comprising four small lots and a larger “parent” block. The proposed small lots evolved in their location and size over the period the project was planned and developed, but the final plan was for lots of 0.6, 1.2,...

5. Hohepa v Banks - Waima C30A [2019] Māori Appellate Court MB 629 (2019 APPEAL 629) [pdf, 442 KB]

   ...make of these honest mistakes? The cases regarding trespass to land to which we were referred all seem to involve deliberate or knowing trespass, rather than trespass by honest mistake. Mayfair v Pears involved a deliberate trespass (the unlawful parking of a car in a building) and was primarily concerned with liability for consequential damage caused when the car exploded.23 Matchitt v Whangara B20 Incorporation involved a claim of deliberate trespass and resultant damage to chatte...

6. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...is irrelevant. I assessed the matters Mr Pender wished to refer to, and which the plaintiff objected to as irrelevant, as more broadly relevant by way of background context and of possible relevance to costs (the latter point now having been ‘parked’ with the agreement of the parties). [57] The plaintiff also objected to particular paragraphs of the proposed briefs of evidence on the basis that they contained hearsay. The main concern about hearsay evidence is the inability...

7. 2021-07-05 OWRUG - Closing Submissions [pdf, 277 KB]

   ...over of short term permits with the options of a permitted activity rule. The non-complying rule should be removed and the existing restricted discretionary rule left as the alternate pathway.” 21 PP-1035600-2-537-V1 8. Heritage Park Water Users “At worst, the activity status for new permits utilising water for potable and irrigation in relation to rural residential properties should be a Controlled Activity with contracts imposed on volume of takes and potential ef...

8. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

   ...I find that there is no express recognition of the adverse effects and hence s 319(2) does not apply. 13 (1997) 3 ELRNZ 126 at [134]. 14 NZEnvC 53/2000. 17 He cited two further Environment Court decisions in 2003 and 2007, namely Hill Park Residents Association v Auckland Regional Council15 and Tasman Action Group Inc v Inglis Horticulture Limited and Others.16 Somehow, counsel managed to offer the following submission17: It would have been quite extraordinary if the Court...

9. 2022-02-11 Statement of Evidence of Samuel Thomas dated 11 February 2022 [pdf, 390 KB]

   ...Ellis JI. 2003. Habitat change in estuaries: Predicting broad-scale responses of intertidal macrofauna to sediment mud content. Marine Ecology Progress Series. 263(June 2014):101–112. https://doi.org/10.3354/meps263101 Thrush SF, Hewitt JE, Parkes S, Lohrer AM, Pilditch C, Woodin SA, Wethey DS, Chiantore M, Asnaghi V, De Juan S, et al. 2014. Experimenting with ecosystem interaction networks in search of threshold potentials in real-world marine ecosystems. Ecology. 95(6):1451–...

10. [2023] NZEnvC 127 Mangawhai Harbour Restoration Society v Northland Regional Council [pdf, 515 KB]

    ...signed the memorandum of the parties dated 9 June 2023: (a) CEP Services; (b) Forest & Bird; (c) Minister of Conservation; (d) Federated Farmers of New Zealand; (e) New Zealand Fairy Tern Charitable Trust; (f) Bay of Islands Maritime Park Incorporated; (g) Northport Limited; (h) Channel Infrastructure NZ Limited; (i) Top Energy Limited; (j) Waka Kotahi NZ Transport Agency; (k) Patuharakeke Te Iwi Trust Board; (l) Transpower New Zealand; and (m) Atlas Quarries L...