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1. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...of s 5 of the BORA. 9. The limitation on the availability of legal aid for non-New Zealand citizens and permanent residents reflects the policy that those seeking to come to New Zealand should meet the costs associated with this out of their own resources. Furthermore, it would be difficult (if not impossible in many cases) to enforce the provisions of the Act (e.g. recovering legal aid- related debts) in relation to persons not resident in New Zealand. Age discrimination in the definit...

2. Notice of Motion seeking direct referral 26 May 2020 redact [pdf, 175 KB]

   ...Tel 64 4 499 4242 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6140 IN THE ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF the proposed direct referral of an application for resource consents for activities associated with Te Ahu a Turanga: Manawatū Tararua Highway Project BETWEEN WAKA KOTAHI NZ TRANSPORT AGENCY...

3. [2018] NZEnvC 174 Smith v Young [pdf, 1.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC174 of the Resource Management Act 1991 of an application for interim enforcement order under section 320 of the Act MICHAEL JAMES SMITH AND EMILY KATHERINE SMITH (ENV-201B-CHC-192) Applicants KARL YOUNG Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 11 September 2018 Date of Issue: 11 S...

4. 2021-07-28 OWRUG - Legal submissions in relation to the pORPS [pdf, 121 KB]

   PP-1035600-2-579-V1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And OTAGO WATER RESOURCES USER GROUP 274 Party SUBMISSIONS OF COUNSEL FOR OWRUG IN RELATION TO THE PROPOSED OTAGO REGIONAL POLICY STATEMENT...

5. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

   ...31 May 2021. The designer completed much of the work required before it emerged that they had different understandings of what had been agreed about the fee. The designer intended the agreed fee to exclude Council fees for the building consent and resource consent applications, and any external consultancy fees. The client believed that the fee was all-inclusive. The client refused further payments and the designer stopped work, though neither party gave formal notice to cancel the contrac...

6. BORA Resource Management Reform Bill [pdf, 184 KB]

   Resource Management Reform Bill Consistency with the New Zealand Bill of Rights Act 1990: Resource Management Reform Bill 4 DECEMBER 2012 1. We have considered whether the Resource Management Reform Bill (PCO 16808/7.0) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill will be considered by the Cabinet Economic Growth and Infrastructure Committee a...

7. ENVC Hearing 6Oct14 TGKL lay attach 12 ecological compense [pdf, 172 KB]

   ...values through the implementation of compensatory action. These actions are determined through the process of an Environmental Impact Assessment (EIA). This report defines ecological compensation as: “positive conservation actions required by resource consent and intended to compensate for residual adverse effects of development and resource use”. The Resource Management Act 1991 (RMA) is the principal legislation that relates to ecological compensation. Schedule 4 of the Act m...

8. Ngati Pahauwera Letter of Determination 23 August 2016 [pdf, 866 KB]

   ...and interests, for example, boundaries between customary groups in the CMCA, knowledge that particular fishing grounds or rocks belong to a particular customary group by descent, the ability to place customary restrictions on access and taking of resources in an area, and acknowledgement of a groups customary authority in an area by other groups. 14. Absence of evidence of other parties’ use and occupation of an area does not by itself, in my view, amount to an area being held in accor...

9. [2017] NZEnvC 039 Qambi Properties Ltd v Auckland Council [pdf, 276 KB]

   jBEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN Decision made on the papers Decision No. [2017] NZEnvC 039 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act QAMBI PROPERTIES LIMITED (ENV-2016-AKL-000283) Appellant AUCKLAND COUNCIL Respondent Court: Principal Environment Judge Newhook Date of Decision: ;t:\ March 2017 Date of Issue: 21 March 2017 DETERMINATION OF APPLICATION UNDER s 116 OF THE ACT A: The application...

10. [2021] NZEnvC 086 Auckland Council v Cowlin [pdf, 181 KB]

    AUCKLAND COUNCIL v COWLIN & LEWIS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 86 IN THE MATTER the Resource Management Act 1991 AND an application for enforcement orders under s316 of the Act BETWEEN AUCKLAND COUNCIL (ENV-2021-AKL-057) Applicant AND ELAINE JUANITA COWLIN AND DYLAN DAVIS LEWIS Respondents Court: Environment Judge P A Steven Hearing: On the papers in chambers in Christchurch Appear...