Search Results

1. [2018] NZEnvC 227 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 12 MB]

   ...to be offensive, even though the odour was reasonable within its rural context and indeed permitted under the District Plan . The patrons' reverse sensitivity towards the piggery could result in complaints and with it costs associated with investigating and responding to those complaints together with uncertainty around the future operation of the farm. 30 The court determined that the effects of odour could be mitigated through conditions on the restaurant's operations....

2. [2019] NZEnvC 125 Schmuck v Northland Regional Council [pdf, 2.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvcj_Q5 of the Resource Management Act 1991 of an appeal under s 120 of the Act D G SCHMUCK (ENV-2018-AKL-351) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith, presiding Commissioner R M Bartlett Commissioner I S Buchanan Hearing: 9-12 April 2019 at Whangarei plus site visit Appearances: C H Prendergast for D G Schmuck (Mr Sc

3. PC8 Urban Common Bundle - Volume 4 [pdf, 13 MB]

   ...metres, and shall be limited to two exceedances of 70 metres per kilometre. All cuts and batters shall not be greater than 65 degrees. The maximum height of any fill shall not exceed 2 metres. This standard shall not apply to roads, or private roads associated with subdivisions under Chapter 27. RD Setbacks from boundaries 25.5.18 Earthworks greater than 0.5 metres in height or depth shall be set back from the site boundary the following minimum distances:...

4. [2012] NZEmpC 215 NZ Language Centres Ltd (formerly GEOS NZ Ltd) v Page [pdf, 251 KB]

   ...events that led to his dismissal. [21] Indeed the evidence is to the contrary and demonstrates that Mr Page was still held in high regard by Ms Miyamoto and Mr Kusunoki in mid-2008. In July of that year, Mr Page was invited by Mr Kusunoki to a private function in Tokyo in appreciation of his efforts. Mr Page discussed with his wife that this might lead to opportunities for advancement within the organisation. [22] In his evidence for the plaintiff, Mr Maserow claimed that he r...

5. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   102 Taitokerau MB 1 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20130008950 UNDER Section 26C, Te Ture Whenua Māori Act 1993 IN THE MATTER OF An application by Te Ohu Kaimoana Trustee Limited for reference of Māori fisheries dispute between Te Rūnanga Nui o Te Aupōuri and Ngāti Kuri, Ngāi Takoto and Te Rarawa - referred under s 182(4), Māori Fisheries Act 2004 BETWEEN TE OHU KAIMOANA TRUSTEE LIMITED Applicant AND

6. Director of Human Rights Proceedings v Crampton [2015] NZHRRT 35 [pdf, 151 KB]

   ...without Ms Chapman’s consent. [72] These concessions were properly made. The term “agency” is defined in s 2(1) of the Act as meaning: any person or body of persons, whether corporate or unincorporate, and whether in the public sector or the private sector; and, for the avoidance of doubt, includes a department; [73] “Personal information” is defined in s 2(1) of the Act as meaning “information about an identifiable individual”. Whether information is personal informat...

7. [2019] NZEnvC 032 Tauranga City Council v Minister of Education [pdf, 917 KB]

   'BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC032- of the Resource Management Act 1991 of an appeal pursuant to s 174(1) of the Act TAURANGA CITY COUNCIL (ENV-20 18-AKL-007) Appellant MINISTER OF EDUCATION Respondent Principal Environment Judge L J Newhook Environment Judge D A Kirkpatrick at Auckland on 19 November 2018 P M S McNamara and T R Fisch

8. [2021] NZEnvC 009 Goodwin v Wellington City Council [pdf, 2.1 MB]

   ...identified for landfill purposes although only a portion of the Site located to the east is currently used for landfill. Carey's Reserve and the upper section of the predator proof fence of Zealandia lie to the north and land to the west is in private ownership including the two residential properties owned by the Appellants. The Site is used for a variety of recreational purposes including walking, running and cycling, both on the 3 Notice of Decision Service Request No 41940...

9. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...restricted to a limited class of persons who were employed by the company or its forebears prior to 21 July 1994, or who were employed via an industry transfer agreement with recognised service prior to that date. [5] By agreement, the Authority’s investigation proceeded on the papers. It concluded that on a plain meaning of the words used in the relevant clause Mr Mobbs was entitled to be paid leave on retirement. A compliance order was accordingly issued. [6] KiwiRail br...

10. Landpro - EiC - C E Bright - Hydrology (5 Feb 2021) [pdf, 275 KB]

    ...use, particularly when the technical non-compliance removed from the record occurs at critical times in the year. For example, winter for filling storage, or during the irrigation season where irrigation companies distribute water on a roster, or private users operate on fixed return periods. 40 In these circumstances, and where water would have been ‘used’ despite the record showing a technical non-compliance, the consent maximum can be awarded to the data that is technically...