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BEFORE THE ENVIRONMENT COURT OF NEW ZEALAND AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7 (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant STATEMENT OF EVIDENCE OF RO...
BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 143 of the Resource Management Act 1991 of an application for declarations under s 310 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2020-CHC-99) Applicant NEW ZEALAND ALUMINIUM SMELTERS LIMITED Respondent Court: Environment Judge J E Borthwick Hearing : Sitting alone in Chambers pursuant to s 279 of th...
BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 156 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act DARBY PLANNING LIMITED PARTNERSHIP (ENV-2018-CHC-150) and all other appellants concerning Topic 1 of Stage 1 of the Proposed Queenstown Lakes District Plan (as set out in the Schedule attached) Appellants QUEENSTOWN LA...
...IPP 4 will be determined by the Tribunal at the substantive hearing once all the evidence is in, therefore paragraph 33 will not be struck out. Paragraph 32 and paragraphs 34 to 40 [17] These paragraphs relate entirely to recruitment and human resources matters. None of these matters were part of the Privacy Commissioner’s investigation, accordingly these paragraphs are all struck out. Paragraphs 46 to 47 [18] Paragraphs 46 and 47(a) set out Mr Willing’s concern that his rec...
...serve to restore the honour of the Crown.' The report is the culmination of a three-year inquiry by a seven-member Tribunal and covers grievances of the tribe arising from eight regional land sale transactions and the loss of mahinga kai (food resources). The Tribunal said it was important to remember that Ngai Tahu's major grievances were first made last century, but despite repeated approaches to successive governments the Crown failed to respond adequately. The long and...
...that he will be unable to pay costs.12 Only then can Mr Tupe’s failure to provide a strong rebuttal can be considered.13 [20] I am not satisfied that the Trust has provided any such evidence. Ms McLean’s belief that he would not have the resources is based on speculation, not any actual knowledge of his circumstances. Accordingly, no rebuttal is required from Mr Tupe. [21] I do not consider that the fees charged by Mr Austin are an appropriate basis for concluding Mr Tupe w...
...Bowen. [10] Ms Bowen has provided evidence of her financial position. She is unemployed and on a benefit. She says she has not been able to obtain employment since her employment with BNZ ended. [11] She says the “significant disparity in resources” between her and BNZ also supports the Court exercising its discretion to order costs lie where they fall. [12] Alternatively, Ms Bowen points to her measure of success, saying, on that basis also, costs should lie where the...
...Rhythm, says that Brown Group and Mr Brown acted negligently in failing to provide adequate security in terms of its contractual obligations and the Security Plan. Mr Spence also alleges that the security provided was unprofessionally managed and under resourced and that security staff were rude to patrons and did not appear to be trained. [2] Mr Brown denies that he failed to provide adequate security to the Otherside Festival and that the hours of security provided exceeded the hou...
...bring more cohesion and timeliness when accumulated across the different stages. The changes will give judges and participants more information earlier on in the process, resulting in fewer but more meaningful court events, while court time and resources – and those of all participants - are less likely to be wasted through unnecessary adjournments and delay. Watch this video to learn more about our journey to date for the programme. A second video, detailing our testing phase wil...
...interrogatories, the interrogatories are oppressive. There are less than two weeks to the hearing. Requiring the second defendants to refocus their attention on responding to the interrogatories would be burdensome, time-consuming and divert resources away from trial preparation.13 I do not accept the plaintiffs’ submission that it would be a straightforward exercise, having regard to the nature and scope of the interrogatories. Nor do I accept the submission that th...