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1. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...six years would require a decision-maker to simply dispense with the only applicable policy, one which requires them to avoid granting consents for more than six years.11 There are no specific provisions for hydro. Mr de Pelsemaeker conceded in response to questions that it was possible that no consent for more than six years’ duration will be granted under the Plan Change 7 framework.12 (b) New applications: (i) The PC7 policy relating to duration for new consent applications (...

2. Ashmore v Armstrong - Te Huruhi 12B (2021) 232 Waikato Maniapoto MB 219 (232 WMN 219) [pdf, 522 KB]

   ...the name of the Trust as appropriate and for the Trust to continue only over the remainder of the block; and (c) for an easement over the existing access way to the block. Is this a hapū partition? [23] At the hearing in December 2020, in response to my questioning, counsel for the Newton whānau confirmed that they seek a non-hapū partition. [24] I subsequently called for further submissions from the parties on whether the partition should nonetheless be treated as a hapū...

3. [2022] NZEnvC 240 Cornelius v Western Bay of Plenty District Council [pdf, 799 KB]

   ...Construction Management 25. THAT a minimum of ten (10) working days prior to the commencement of works the consent holder shall submit a Construction Management Plan (CMP) for certification by the consent authority. The CMP shall include: a. Roles and responsibilities of construction management staff; b. A description of the methods that will be implemented to ensure compliance with conditions of this consent; c. Procedures for managing hazards; d. Details of signage; e. The detai...

4. BSA Fine letter trials report Final Report [pdf, 1.5 MB]

   ...to courts, helping people stick to their bail conditions or reducing offending in the first place. We often expect people to respond to laws, incentives or information in certain ways, without considering every factor that could influence their response. These factors include rules, social norms (what other people do) and cultural practices, as well as how information is presented. Making small changes can sometimes have a big effect. For example, simplifying documents, using checklis...

5. [2024] NZEnvC 187 Gisborne District Council v Barraclough [pdf, 6.2 MB]

   ...[12] Key dates in the timeline leading to the application for enforcement orders include: (a) 1 May 2023 – Council enforcement officer observed a number of issues with the erosion and sediment controls at the property; (b) 12 June 2023 – in response to a complaint from a member of the public, an enforcement officer attended the property and observed a drain full of sediment-laden water, and sediment laden water flowing from sediment retention ponds. An abatement notice was is...

6. [2023] NZEnvC 138 McCallum Bros Limited v Auckland Council [pdf, 2.1 MB]

   Pakiri Sands IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 138 IN THE MATTER OF appeal under s 120 of the Resource Management Act 1991 BETWEEN MCCALLUM BROS LIMITED (ENV-2022-AKL-121) (ENV-2022-AKL-220) Appellant/Applicant AND AUCKLAND COUNCIL Respondent AND PAKIRI G AHU WHENUA TRUST (and others set out in Annexure C) Section 274 parties Court: Judge J A Smith Judge A H C Warren Commission

7. [2024] NZEnvC 282 M & L Taylor Partnership v Queenstown Lakes District Council [pdf, 7.4 MB]

   M & L TAYLOR PARTNERSHIP V QLDC – CONSENT DETERMINATION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 282 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN M & L TAYLOR PARTNERSHIP (ENV-2023-CHC-43) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch

8. 2022-02-18 Statement of Evidence of Felicity Boyd - Urban Provisions Parts A, G & H - dated 18 February 2022 [pdf, 3.1 MB]

   ...as follows. Policy 7.C.5 (discharges from new or extended stormwater reticulation systems) 50 Policy 7.C.5 applies to the discharge from any new stormwater reticulation system or any extension to an existing stormwater reticulation system. In response to the submissions by Forest and Bird and Fish and Game on the chapeau of the policy, parties agreed that there may be uncertainty about the extent of minimisation required and that it would assist implementation to instead require...

9. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...of the defendant that it would have made no difference having a different decision-maker. A different decision-maker would have been able to approach the issue objectively, and weighed the seriousness of the admitted conduct, and Mr Allen’s response, against the other relevant considerations – including his work history and the circumstances surrounding the 22 February meeting. Substantive justification? [31] Section 103A of the Employment Relations Act 2000 (the Act) has...

10. Roberts - Te Touwai B19A1 (2015) 114 Taitokerau MB 131 (114 TTK 131) [pdf, 702 KB]

    ...recounted the events as they were told to her by Clem Urlich and her grandmother Mautini. We accept Mrs Dawson’s explanation that Clem Urlich granted access across B16 in return for the sea-rescue. But regardless of whether access was granted in response to the sea-rescue, the fact is that some form of understanding was reached in 1968. [67] While this is a relevant consideration, we also note that Clem Urlich was not the sole owner of B16 in 1968. Rather, he owned 2.75 shares...