Search Results

1. [2019] NZEnvC 023 Zindia Limited v Marlborough District Council [pdf, 1.2 MB]

   ...the word "potential" is important. That evidence did not identify any change in the position of actual effects occurring by reference to what was occurring at the time the stay was granted. That appeared to be confirmed by counsel's response to the court's questions. [10] On the other hand, Zindia's evidence identifies that, to a significant extent, its existing consent contemplates and regulates the effects that are raised as concerns in the Council 's e...

2. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...Schedule 2 of the agreement were to be inserted “if the vendor had stated on the front page that the vendor is registered under the GST Act”. [23] As noted above, the vendor had not deleted either yes or no on the front page of the Agreement in response to the statement that he was registered for GST. [24] Mrs PL argues that Ms OH had a duty to her to ensure the Agreement was fully and properly completed when returned to her lawyer. [25] Ms OH’s duty of competence and dili...

3. [2019] NZEnvC 088 CSF Trustees Limited v Queenstown Lakes District Council [pdf, 170 KB]

   ...regard to the proceedings despite being encouraged by the Council to do so; and (d) the actual costs which are being sought are relatively small. [7] Mr Francis on behalf of CSF advised6 the Registrar that he was unable to provide an appropriate response to costs for the court process. Therefore, the application is unopposed. Section 285 RMA [8] Section 285 of the Act provides that the Environment Court may order any party to proceedings before it to pay to any other party the c...

4. ET & ETT v UG Ltd & UGG [2016] NZDT 962 (13 July 2016) [pdf, 147 KB]

   ...that Mr ET and Mrs ETT are contractually entitled to a refund of 50% of the remaining days’ charter fee. If so, what is the correct calculation of a refund? [12] UG Ltd has referred to prices quoted in September to Mr ET and Mrs ETT in response to an online enquiry from them. The email, dated 10 September 2015 says ‘The cost is $850.00 per 24-hour day for the first 7 days=$5950. The cost for 10 days is $7905.00.’ Mr ET and Mrs ETT says they have never received that emai...

5. [2018] NZEnvC 215 35 Limited v Auckland Council [pdf, 172 KB]

   ...notation indicating the presence of the Cottonwood tree will correct a factual error. [12] From my review of the evidence in the affidavits of Mr Maxwell-Steele in support of the application, and of the Council's planning officer Han Long Ng in response, I accept that this is a clear case of a mistake in the mapping of zones and overlays in the AUP which was not picked up as part of the submission and hearing process in respect of the AUP. I have suggested a hypothetical basis...

6. Notes on appeals to the High Court [pdf, 157 KB]

   ...case (but not the notice of appeal) if there are good reasons. [3] The process for filing an appeal with the High Court does involve legal work of some complexity. The High Court requires that appellants comply with the rules. The Authority is responsible for ensuring the appeal only raises questions of law and that other formalities are completed correctly. [4] Legal Aid may be available to some appellants. [5] All appellants are entitled to present their own documents. The...

7. OWRUG - EiC - H S Mackenzie (4 Feb 2021) [pdf, 11 MB]

   ...9. In 2005 the Otago Regional Council encouraged water users such as the Kyeburn Catchment to look at forming a catchment-wide group which would eventually apply for new global consents. The benefit of this is that catchment groups would be responsible for managing access to water between their members against new limits that everyone would have to comply with. The ORC would then be free from the need to manage compliance and water access issues between a whole lot of differen...

8. WISE - EiC - M J Salinger - Climate Change (filed 5 Feb 2021) [pdf, 2.8 MB]

   ...AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL APPLICANT ______________________________________________________________ STATEMENT OF EVIDENCE OF DR JIM SALINGER For the WISE RESPONSE SOCIETY INC ______________________________________________________________ Introduction 1. My full name is Michael James Salinger, known as Jim. 2. I am a climate scientist that has worked for many years at the f...

9. Otorohanga District Council.pdf [pdf, 230 KB]

   ...(“PC1”). 3. Otorohanga DC is a local authority and a person who made a submission on PC1. It has an interest in the subject matter of the proceedings greater than the general public has given Otorohanga DC’s role as a territorial authority responsible for providing water, stormwater and wastewater services to its community. 4. Otorohanga DC is not a trade competitor for the purposes of ss 308C or 308CA of the Act. 5. Otorohanga DC is interested in those parts of the...

10. [2019] NZEmpC 85 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 323 KB]

    ...behaviour prolonged the litigation and resulted in a considerable waste of time and substantial expense. Her behaviour was described as a wilful disregard of known facts, containing allegations that ought never to have been made. [9] Dr Sawyer’s response was to submit that no orders should be made against her, that certain costs should lie where they fall and that what she described as “non-party costs” orders should be made against the university’s counsel. Her submissi...