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1. 25b.-Appendix-B-to-the-Evidence-of-Mr-Lister-Tara-Ika-PC4.PDF [PDF, 197 KB]

   BEFORE THE HOROWHENUA DISTRICT COUNCIL INDEPENDENT HEARING PANEL IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF the hearing on the Horowhenua Proposed District Plan Change 4 – Tara-Ika Growth Area STATEMENT OF EVIDENCE OF GAVIN CRAIG LISTER ON BEHALF OF WAKA KOTAHI NZ TRANSPORT AGENCY Integrated Design Dated: 2 November 2021 BF\61994961\1 Page 1 TABLE OF CONTENTS INTRODUCTION ..................................

2. [2024] NZEnvC 078 Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [pdf, 688 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2024] NZEnvC 78 of the Resource Management Act 1991 appeals under clause 14 of the First Schedule to the Act BARNHILL CORPORA TE TRUSTEE LIMITED and all other appellants concerning Topics 25 and 30 of Stage 2 of the proposed Queenstown Lakes District Plan (ENV-2019-CHC-086) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court:...

3. KC v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 37 (23 February 2024) [pdf, 216 KB]

   ...properly 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 …. [20] In Gilmore,4 Dunningham J stated: [55] I accept that, for the purposes of l...

4. Accident Compensation Corporation (Leave to Appeal to the High Court) [2023] NZACC 020 [pdf, 216 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 … . [35] Section 32(1) of the Act provides that: Treatment injury means personal injury t...

5. Smith v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 123 [pdf, 226 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 24 March 2023 [12] Judge McGuire noted that the process un...

6. 2023-10-10-Rebuttal-Evidence-of-N-Keenan-Stormwater.pdf [pdf, 255 KB]

   ...thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi...

7. MOJ0217.2E_SEP22_WEB.pdf [pdf, 134 KB]

   ...there is a specific direction in the trust order. When setting up the trust or managing any developments, the trustees may require regular meetings. If there is little or no business to attend to, meeting unnecessarily may be a drain on the trust’s resources. GIVING NOTICE When the need arises, any trustee can call a meeting. For practical reasons, it is advisable to provide trustees two to three weeks’ notice of meetings to allow them to make business and travel arrangements. The...

8. [2020] NZCAA 01 (7 July 2020) [pdf, 307 KB]

   ...due to the technical nature of the contested evidence, and the legal principles. Potentially more time was required than a typical mid-band case. The Court Rules generally emphasise the objective nature of the issues in dispute, and the legal resources to address them determine the evaluation of scale, and increased costs. [22] The scale costs calculated by the Appellant were based on the appeal equating to: [22.1] A Category 2 proceeding, which is defined to be of average co...

9. Andrew v Wano - Tataraakina C Trust (2025) 117 Tākitimu MB 251 (117 TKT 251) [pdf, 250 KB]

   ...that the costs of enforcement will outweigh the benefit, because they will be required to enforce the debt against Yvonne Heke’s estate. [25] I have some sympathy for the current trustees’ position. It would not be a prudent use of Trust resources to pursue a debt when the enforcement costs are more than the debt itself. However, I am not prepared to sanction the current trustees’ position for two reasons. First, no evidence was presented to me regarding the costs of enforc...

10. [2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd [pdf, 218 KB]

    ...also Postles v Airway Corp of New Zealand Ltd, above n 11, at [33]–[39]. 14 See Port of Tauranga Ltd v Bay of Plenty Regional Council [2022] NZEnvC 92 at [10], in which Chief Judge Kirkpatrick of the Environment Court was referring to s 275 of the Resource Management Act 1991, which is similar in effect to s 236 of the Employment Relations Act. they engage in unacceptable conduct. In my view, and recognising there is conflicting authority, this can include preventing a repr...