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1. [2019] NZEnvC 204 Auckland Council v Noe [pdf, 342 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND Decision No. [2019] NZEnvC 204- of the Resource Management Act 1991 of an application for ex-parte interim enforcement orders under s320 of the Act AUCKLAND COUNCIL (ENV-2019-AKL-000179) Applicant ROBERT WILLEM NOE Respondent Court: Environment Judge D A Kirkpatrick sitting alone under s309(2) and s320 of the Act Hearing: at Auckland on 18 December 2019 Ap...

2. [2022] NZEnvC 031 Thames-Coromandel District Council v Hopwood [pdf, 291 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF BETWEEN AND Decision [2022] NZEnvC an application for enforcement orders under s 316 of the Resource Management Act 1991 (the Act) THAMES-COROMANDEL DISTRICT COUNCIL (ENV-2021-AKL-150) Applicant R THOPWOOD Respondent Court: Judge MJL Dickey, sitting alone pursuant toss 279(1) and 309 of the Act Hearing: Last case event: Counsel: Date of Decision: Date of Iss...

3. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   Auckland Council v A & E Banora Amendment to Order IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 045 IN THE MATTER of the Resource Management Act 1991 (RMA) AND of an application to amend enforcement orders pursuant to s 321 of the RMA BETWEEN AUCKLAND COUNCIL (ENV-2019-AKL-000280) Applicant AND ALEXANDER N BANORA First Respondent AND EMANUELLA BANORA Second Respondent Court: Chief En...

4. [2023] NZEnvC 010 The Royal Forest and Bird Protection Society of New Zealand Incorporated v Marlborough District Council [pdf, 8.6 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE IvlA TIER AND BETWEEN AND Decision No. [2023] NZEnvC 10 of the Resource Management Act 1991 an appeal under clause 14 of the First Schedule of the Act THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2020-CHC-64) and all other appellants concerning the proposed Marlborough Environmental Plan who are a party to the King Shag and Important Bird Area sec...

5. READT annual report 2022 [pdf, 274 KB]

   ...consider such a decision of the Registrar.31 That application was eventually withdrawn by the applicant. THE YEAR AHEAD As tribunals move away from travelling to hearings being held remotely, the demand on the Ministry’s limited AVL resources is becoming acute. It will be necessary for the Ministry to continue augmenting such resources. I record my agreement with the observation of Hon. Pamela Andrews in her last report concerning licensees’ mandatory continuing...

6. Chand v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 61 [pdf, 196 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . The Court’s judgment of 30 November 2021 [14] Judge Henare acknowledged that Mr Ch...

7. Hristovski v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 100 [pdf, 203 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [16] In Cullen,4 the Court of Appeal stated the following principles applying to the...

8. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   D & B YZENDOORN v HCC – COSTS DECISION IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 130 IN THE MATTER OF an appeal under s 325 of the Resource Management Act 1991 BETWEEN D & B YZENDOORN (ENV-2023-AKL-167) Appellants AND HAMILTON CITY COUNCIL Respondent Court: Environment Judge MJL Dickey, sitting alone pursuant to s 279 of the Act Hearing: On the papers Last case event: Submissions in reply by...

9. Nepe v Woodville Community Committee Incorporated (Strike-Out) [2023] NZHRRT 40 [pdf, 147 KB]

   ...progress the claim or it causes prejudice to the other party and is an abuse of the Tribunal’s processes, including by placing an administrative burden on the Tribunal to monitor non-compliance with Tribunal directions and otherwise wasting its resources. [21] Ms Nepe’s repeated failure to progress this claim against the WCC, despite being represented by competent counsel and being provided with multiple opportunities to do so, cannot be the result of ignorance, disorganisation or a...

10. 2023-09-20-Joint-Memorandum-re-oustanding-issues-timetable.pdf [pdf, 192 KB]

    ...thaddeus.ryan@buddlefindlay.com Tel 64 4 462 0423 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 IN THE ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ROHE ENV-2023-WLG-000005 Under the RESOURCE MANAGEMENT ACT 1991 In the matter of the direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By W...