Search Results

1. [2021] NZEnvC 134 Dunedin City Council v Ross [pdf, 302 KB]

   Dunedin City Council v Ross IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 134 IN THE MATTER OF an application for enforcement orders under s 314 and s 316 of the Resource Management Act 1991 (the Act) BETWEEN DUNEDIN CITY COUNCIL (ENV-2019-CHC-122) Applicant AND STEVEN ROSS AND MICHAEL ROSS Respondent Court: Alternate Environment Judge L J Newhook Hearing: On the papers Last case event: Costs subm...

2. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 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 … . [17] Section 100 of the Act provides that entitlement to weekly compensation depends...

3. Savage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 53 [pdf, 231 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 2022 [28] Judge McGuire noted at the outset of...

4. [2024] NZEnvC 010 Fraser Auret Racing v Rangitīkei District Council [pdf, 212 KB]

   FRASER AURET RACING v RANGITĪKEI DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2024] NZEnvC 010 IN THE MATTER of an appeal under cl 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN FRASER AURET RACING (ENV-2020-WLG-037) Appellant AND RANGITĪKEI DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commissioner D J Bunting Hearing: On the papers Last...

5. [2024] NZEnvC 169 Friends of Nelson Haven v Marlborough District Council [pdf, 603 KB]

   FRIENDS OF NELSON HAVEN & TASMAN BAY INCORPORATED & ORS v MDC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 169 IN THE MATTER of the Resource Management Act 1991 AND appeals under Clause 14 of the First Schedule of the Act BETWEEN FRIENDS OF NELSON HAVEN AND TASMAN BAY INCORPORATED (ENV-2020-CHC-33) … (continued on separate page) Appellants AND MARLBOROUGH DISTRICT COUNCIL Respondent Environm...

6. Watson v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 110 (2 July 2024) [pdf, 276 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 … . [31] In TR,3 Isac J stated: [24] … the threshold for an appeal against factual find...

7. 2023-09-26-Evidence-of-Sean-Mallon.PDF [PDF, 1.2 MB]

   IN THE ENVIRONMENT COURT WELLINGTON REGISTRY I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ROHE ENV-2023-WLG-000005 UNDER the Resource Management Act 1991 (the Act) IN THE MATTER 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 WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY Applicant STATEMENT OF EVIDENCE OF SEAN MALLON ON BEHALF...

8. 2023-10-11-Rebuttal-Evidence-of-L-Dalzell.pdf [pdf, 241 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...

9. Howard v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 41 [pdf, 239 KB]

   ...another kind of complaint cannot disguise its true nature. … 5 Howard v Accident Compensation Corporation [2014] NZSC 2431. 6 Howard v Accident Compensation Corporation [2017] NZACC 76. 4 [25] It is of serious concern that precious court resources continue to be taken up in advancing essentially the same argument in different forms. This litigation may justify an application under s 166 of the Senior Courts Act 2016, which is intended to restrain the unwarranted and vexatio...

10. Soulsby v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 204 (11 December 2024) [pdf, 272 KB]

    ...true and only reasonable conclusion on the evidence contradicts the decision. (f) Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave 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. ACAR 19/23: back-dated weekly compensation [10] This appeal concerns the Corporation’...