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1. [2016] NZEnvC 018 Waiheke Marinas Ltd [pdf, 607 KB]

   BEFORE THE ENVIRONMENT COURT Court: Decision No. [2016] NZEnvC 18 IN THE MATTER of Resource Management Act 1991 (RMA) and in the matter of a notice of· motion under s87G requesting the granting of resource consents to Waiheke Marinas Ltd to establish a marina at Matiatia Bay, Waiheke Island in the Hauraki Gulf BY WAIHEKE MARINAS LIMITED ("WML") (ENV-2013-AKL-000174) Applicant Principal Environment Judge LJ Newhook sitting alone Counselor Representative:...

2. IPT Annual Report 2015 [pdf, 850 KB]

   ...year appeals in this stream were being decided on average within 3 months or less of lodging. This is the model for the other streams to follow. The decline in the percentage of refugee & protection appeals (by 4%) was the result of greater resources being devoted to this stream and also a decline in the number of new appeals compared with the previous year (by 17%). The rise in the percentage of residence appeals (by 17%) was the result of a rise in the number of new appeals...

3. [2016] NZEmpC 145 S v I Ltd [pdf, 170 KB]

   ...L [2014] NZEmpC 18. 7 At [10]. 8 S v L Ltd [2014] NZEmpC 97 at [55]. 9 A v B, above n 10. Act application as well as the subsequent request for disclosures which had been made. [22] Later, a member of L Limited’s Human Resources (HR) Department who had been responsible for dealing with the discovery issues said she had not been provided with these emails by the relevant employee. She said that the employee no longer worked for the company, so she could not...

4. ENV-2016-AKL-000TBA Terra Nova Planning Limited v Auckland Council (Topic-056-057) [pdf, 742 KB]

   ...appeals a. the decisions do not accord with the relevant requirements of the RMA and are contrary to Part 2 of the RMA. In particular, the parts of the decision appealed: i. Do not promote the sustainable management of natural and physical resources; ii. Do not promote the ethic of stewardship; iii. Do not result in the most appropriate plan provisions in terms of section 32 of the RMA; iv. Are contrary to the Auckland Plan; v. Are contrary to good resource management pr...

5. [2017] NZEmpC 27 Dent v Waikato DHB [pdf, 192 KB]

   ...both unnecessary and undesirable because: (i) the documents are not relevant to the proceedings; (ii) volumes of documentation have already been provided; (iii) the plaintiff has already made extensive disclosure requests; and (iv) the resources required for the defendant to carry out the disclosure would be disproportionate to the requirements of the proceedings. Legal principles [12] Regulation 37 provides that the object of the disclosure regulations is to ensure t...

6. [2018] NZEmpC 30 Lancom Technology Ltd v Forman and ors [pdf, 322 KB]

   ...imposed upon them. [23] The defendants’ position on these issues can be summarised: (a) Lancom could have secured more money than it was awarded if it had accepted the Calderbank offer; it wasted everyone’s money and the Authority’s resources by pursuing the case to a hearing. That ought to be reflected in costs; (b) The Calderbank offer was effective; confidentiality was not one of the conditions, and it was an “all in” offer; (c) It was not reasonable for Lancom...

7. Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) [pdf, 219 KB]

   ...orders is in turn held on trust for the benefit of specific beneficiaries. [21] Second, as discussed with the parties, although I am prepared to grant the occupation orders the occupants must still go through the process of obtaining the necessary resource consents and building consents to enable them to build on the land. In particular, because of the zoning of the land, I understand that resource consent will be required for each of these additional house sites. Obviously it wou...

8. Pomare v Rangihaeata - Hongoeka 7 (2009) 16 Whanganui Appellate Court MB 88 (16 WGAP 88) [pdf, 420 KB]

   ...the lands described under the heading of "Dominant Tenement". Lands set out under the heading "Dominant Tenement" include Hongoeka IB block and various other land blocks including the Hongoeka Marae. [9] Mr Harwood obtained resource consent to build a boat shed on Lot 2 and Lot 3 DP 42094. The boat shed is located adjacent to the formed roadway and encroaches on the legal roadway. [10] The appellants have registered proprietary interests in a number of dominant...

9. Report-back on the Alcohol and Other Drug Treatment Court Pilot and other AOD-related Initiatives Paper [pdf, 365 KB]

   ...We expect to be in a position to make informed investment decisions on these initiatives in the first half of 2019. 14. It is particularly important to better understand what benefits are afforded by the AODT Court pilot, which is by far the most resource-intensive of the AOD-related initiatives. While initial analysis of these benefits is encouraging, measuring outcomes over a longer period is necessary before we can confidently decide whether the model merits permanent investment (and...

10. Report-back on the Alcohol and Other Drug Treatment Court Pilot and other AOD-related Initiatives [pdf, 365 KB]

    ...We expect to be in a position to make informed investment decisions on these initiatives in the first half of 2019. 14. It is particularly important to better understand what benefits are afforded by the AODT Court pilot, which is by far the most resource-intensive of the AOD-related initiatives. While initial analysis of these benefits is encouraging, measuring outcomes over a longer period is necessary before we can confidently decide whether the model merits permanent investment (and...