Search Results

1. COES - EiC - J R Sullivan (5 Feb 2021) [pdf, 2.4 MB]

   ...well as three tributary streams. 5 I’m the secretary of the Central Otago Environmental Society (COES), a locally based organisation committed to the protection and enhancement of the Central Otago environment including landscapes and water resources. 6 As a member of this community group dedicated to the preservation of the natural environment, I am concerned about the degradation of the unique biosphere of Central Otago. Many of the drivers of this diminishment of the ecologi...

2. Calculating the costs and revenues of the alcohol licensing system - October-2018 [pdf, 334 KB]

   ...Disbursements to ARLA: TAs should include their disbursements to ARLA within costs. This disbursement should be offset by TA licence revenue, which includes the amount which is remitted to ARLA. Overhead costs: Finance, corporate services, human resources, IT, legal, accommodation (rent, maintenance, utilities). Overhead allocation: The allocation of overheads is generally applied in relation to full-time equivalent staff (FTE) or unit expenditure. Different TAs might apportion co...

3. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

   ...defence to matters which had not been in issue. [30] Were it not for the able assistance which counsel for the Assignee provided to the Tribunal there had been a real risk of the hearing being adjourned for completion at a later date. But the resources required to address the surprise turn of events were intensive and undoubtedly put the Assignee to additional legal expense. [31] Cumulatively, Mr Beattie’s failure to conduct his claim in a reasonable manner increased the time spent...

4. [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...

5. [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...

6. 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...

7. [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...

8. [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...

9. 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...

10. 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...