Search Results

1. ENV-2016-AKL-000188 Lenihan v Auckland Council [pdf, 3.4 MB]

   Appeal template – section 156(1) or 156(3) LGATPA appeals IN THE ENVIRONMENT COURT ENV-2016-AKL- AT AUCKLAND IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under Section 156(3)] of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed...

2. Amended affirmation of Mr Gary Taylor 2 December 2016 [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT ENV-2016- CHC-000071 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an application for declarations under Part 12 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant AND MACKENZIE DISTRICT COUNCIL Respondent MEMORANDUM OF COUNSEL IN RELATION TO DECLARATION PROCEEDINGS (REGARDING AMENDMENT TO AFFIRMATION OF G V TAYLOR) 2 December 2016...

3. 2022-Justice-Sector-Projections-Report.pdf [pdf, 1.2 MB]

   ...uncertainty at this time. 3 Category 1 cases are not imprisonable; Category 2 are imprisonable for a maximum of up to 2 years; Category 3 are imprisonable for a maximum of greater than 2 years. Category 3 cases generally require more time and resources to resolve, have a higher likelihood of the defendant being remanded in custody, and are more likely to result in the defendant being sentenced to imprisonment if found guilty. 8 Should category 3 court inflow increase by a...

4. [2024] NZEnvC 141 Van Den Brink Group v Waikato District Council [pdf, 401 KB]

   Van Den Brink Group v Waikato District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 141 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN VAN DEN BRINK GROUP (ENV-2022-AKL-000083) Appellant AND WAIKATO DISTRICT COUNCIL Respondent Court: Alternate Environment Judge L J Newhook sitting alone under s 279 of the Act Last case event: 10 June...

5. [2024] NZEnvC 221 Connor [pdf, 330 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 221 IN THE MATTER OF an application pursuant to s 87G of the Resource Management Act 1991 (RMA) BETWEEN CLAIR CONNOR (ENV-2024-AKL-025) Applicant AND AUCKLAND COUNCIL Consent Authority Court: Environment Judge JA Smith Environment Commissioner S Myers Environment Commissioner G Paine Hearing: On the papers Last case event: 9 September 2024 Su...

6. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports [pdf, 191 KB]

   ...United Nations Declaration of the Rights of Indigenous Peoples of 2007 (albeit with some qualifications), as well as the New Zealand Supreme Court’s reliance on the Declaration in construing the scope of Mãori rights to freshwater and geothermal resources in the case between the New Zealand Mãori Council et al and the Attorney General et al SC 98/2012, [2013] NZSC 6, whose judgement was delivered on 27 February 2013. 4. The Committee welcomes the numerous valuable programmes, st...

7. Naera v Fenwick - Whakapoungakau 24 Trust [2011] Māori Appellate Court MB 301 (2011 APPEAL 301) [pdf, 118 KB]

   ...submitted that the trust and Judge Harvey had adopted far too narrow a definition of „asset‟ in finding it applied solely to the land itself. She contended instead that it was “very clear from the respondents‟ own actions that they regard this resource as the most important asset the trust has.” 16 In support of her contention that „asset‟ should include “all physical attributes of the land, including its geothermal potential” 17 , she cites the Waitangi Tribunal�...

8. ENV-2016-AKL-000189 Cabra Rural Developments Limited & Others v Auckland Council [pdf, 2.2 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND IN THE MATTER AND IN THE MATTER AND IN THE MATTER BETWEEN AND ENV-2016-AKL- of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) of an appeal under section 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Proposed Plan)...

9. [2021] NZEnvC 073 Smith v Young [pdf, 782 KB]

   ...the merits of the parties' cases as part of this costs application as they were not aired in a hearing. Further, the Youngs consider they have taken a pragmatic approach to resolving the proceedings against them. They have spent the limited resources they have on remediation of the slope rather than on litigation. [1 O] Counsel submit that the Smiths were themselves accountable in that they could have reached earlier resolution had they endeavoured to engage from the outset,...

10. [2024] NZEnvC 177 Connor-Kingi v Whangarei District Council [pdf, 278 KB]

    IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 177 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 against a decision on an application for consent for a 93 residential allotment subdivision of a property at Dip Road, Whangarei BETWEEN CONNOR-KINGI (ENV-2024-AKL-035) Appellant AND WHANGAREI DISTRICT COUNCIL AND NORTHLAND REGIONAL COUNCIL Respondents AND ONOKE HEIGHTS LIMIT...