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1. [2018] NZEnvC 195 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 174 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC ~~ 5 I N THE MATTER of the Resource Management Act 1991 AND of three appeals under section 120 of the Act BETWEEN TE RONANGA 0 NGATI AWA (ENV-2018-AKL-000133) AND AND AND NGATI TOWHARETOA(BOP) SETTLEMENT TRUST (ENV-2018-AKL-000134) SUSTAINABLE OTAKIRIINCORPORATED (ENV-2018-AKL-000135) Appellants BAY OF PLENTY REGIONAL COUNCIL WHAKATANE DISTRICT COUNCIL Respondents CRESWEL...

2. [2020] NZEnvC 012 NZ Fairy Tern Charitable Trust v Auckland Council [pdf, 282 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Appearances: IN THE MATTER AND BETWEEN AND AND AND AND AND AND Decision No. [2020] NZEnvC O I 2 of the Resource Management Act 1991 (the Act) the application for enforcement orders under s316 of the Act THE NEW ZEALAND FAIRY TERN CHARITABLE TRUST (ENV-2019-AKL-000137) and (ENV-2019-AKL-000311) Applicant AUCKLAND COUNCIL First Respondent DEPARTMENT OF CONSERVATION Second Respon...

3. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   G & T Family Trust v Western Bay of Plenty District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 053 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN DAME NOELINE TAURUA AND EDWARD JAMES GOLDSMITH AS TRUSTEES OF THE G&T FAMILY TRUST (ENV-2020-AKL-165) Appellant AND WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent Court: Chief Environment Court Jud...

4. [2022] NZACC 101- Stewart v Accident Compensation Corporation (25 May 2022) [pdf, 164 KB]

   ...2022, and the Corporation file a memorandum in response by 8 June 2022. [3] On 19 May 2022, Ms Koloni submitted that the appeal was filed late because she could work only 10 hours a week, due to her accident-related injuries, she did not have the resources to delegate administrative issues, and she had been dealing with chronic pain. [4] On 23 May 2022, Mr Wanigasekera for the Corporation submitted that it did not oppose the late filing of either notice of appeal. Relevant law...

5. [2021] NZEnvC 100 Southland District Council v Peter Donald Chartres [pdf, 205 KB]

   SDC v CHARTRES – DETERMINATION FOR RECORDS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 100 IN THE MATTER of the Resource Management Act 1991 AND of an application for interim enforcement orders under section 320 of the Act BETWEEN SOUTHLAND DISTRICT COUNCIL (ENV-2020-CHC-92) Appellant AND PETER DONALD CHARTRES AND CP TRUSTEES LIMITED Respondents Court: Environment Judge P A Steven Hearing: In Chamb...

6. [2021] NZEnvC 156 - Boyd & Others v Queenstown Lakes District Council [pdf, 1 MB]

   QTN PLAN APPEALS – TOPIC 16 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 156 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN J BOYD, J F A R& S J REDAI & OTHERS (ENV-2018-CHC-163) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner...

7. [2022] NZACC 174 — Fifield v ACC (12 September 2022) [pdf, 170 KB]

   ...Phillips, for Ms Fifield, submitted that the appeal was filed late because she sought further advice from her doctor, physiotherapist and family as how to best proceed with her matter. Ms Fifield added that she needed to gather herself with support resources and was busy with work, and these factors led to some limitations in her seeking this advice. [4] On 16 June 2022, Mr Hack for the Corporation submitted that the length of time of delay was negligible, there was unlikely to be...

8. [2022] NZEmpC 239 Butt v Attorney-General [pdf, 205 KB]

   ...say that the high threshold for indemnity costs is not met. The Court did not criticise either the defendants or their counsel’s conduct in the proceedings. They say that the plaintiffs’ submissions, in relation to the Crown being better resourced, do not provide a basis for an uplift. I agree. Indemnity costs may be awarded in circumstances where a party has acted vexatiously, frivolously, improperly or unnecessarily in commencing, continuing or defending a proceeding.4 Such...

9. [2022] NZEnvC 194 Cardrona Village Ltd v Queenstown Lakes District Council [pdf, 1.1 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2022] NZEnvC 194 of the Resource Management Act 1991 an appeal under clause 14 of the First Schedule of the Act CARDRONA VILLAGE LIMITED (ENV-2021-CHC-50) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 6 October...

10. Nikora - Tuhoe - Te Uru Taumatua (2023) 292 Waiariki MB 6 (292 WAR 6) [pdf, 202 KB]

    ...February 2023 that counsel, Mr Bidois of Morrison Kent, had confirmed their ability to assist. However, by this time Mr Nikora had sent correspondence to the Court expressing his view that an opinion was “an absolute waste of the Court’s time and resources not to mention my own time and resources”. [5] On 28 February 2023, the directions were issued to the Pae Tukutuku to ascertain whether Mr Nikora wanted the Court to forego the legal analysis from Counsel to Assist. [6] By...