Search Results

1. Te Manutukutuku Issue 71 [pdf, 7.9 MB]

   ...projects while being free of line- management responsibilities. Likewise, the 13 Seniors across the WTU lead, mentor, and support staff members, and lead and contribute to inquiries, research projects, and report writing. The Chief Historian is responsible for overall technical leadership and has an important role across all teams. The Tribunal Advisor position supports the Chairperson, presiding officers, and members, and provides strategic advice. Recently, the Registrar was also...

2. ENV-2016-AKL-000193 Kiwi Property Group Limited, Kiwi Property Holdings Limited & Sylvia Park Business Centre Limited v Auckland Council (Zoning and Precincts) [pdf, 2.6 MB]

   ...Decision, effectively declines key aspects of the relief sought in the Submission, being relief that had been granted pursuant to the Hearing Panel's recommendations. (h) The Hearing Panel's recommendation represents an appropriate response to the Submission in the context of the balance of the Proposed Plan and the changes in circumstances that have occurred since the Submission was lodged. The Metropolitan Centre zone provisions are the most appropriate means of giving...

3. [2017] NZEnvC 175 NZ Building Projects Limited v Auckland Council [pdf, 7.8 MB]

   ...declaration application, a respondent Council is estopped from making submissions on the proper legal interpretation of its district plan. Unsurprisingly, none of the several cases cited to me support such a proposition27 Further, AC has a statutory responsibility to observe and enforce its plan (s 84). ASSisting the court on its proper interpretation, in its capacity as respondent , is clearly an aspect of this. Finally , the estoppel argument is built on the tenuous premise that an...

4. [2018] NZEnvC 111 Fright v Christchurch City Council [pdf, 7.8 MB]

   ...Issues filed prior to the commencement of the hearing, the City Council did not identify any issue arising in relation to s 104(3) to be determined." We record that when legal challenges are pursued in this way, this may preclude an effective response by the other parties and indeed, counsel for the appellant did not respond to the submission. As we do not agree with the City Council, we have not sought further submissions from the appellant. [14] We carefully considered the ev...

5. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

   ...meantime, we are obliged to consider this Application in terms of the Plan as it is currently promulgated and in terms of the issues now arising. [21] We reiterate that the approach on this property can only be a small part of the overall management response to the significant decline of the NZ Long Tail Bat in this area. Notwithstanding this, all parties agree to the extent to which the Consent conditions are open we are to conclude what type of conditions would most appropriately...

6. [2020] NZEnvC 154 Cable Bay Wine Limited v Auckland Council [pdf, 2.1 MB]

   ...A minimum of two days prior to the commencement of works on site, including roofing and joinery replacement, the Consent Holder or their agent shall arrange a meeting with the Council's Team Leader Compliance Monitoring and those contractors responsible for undertaking works to ensure that all parties involved are aware of what is required of them during the construction process. The following requirement shall be checked and signed off by the Council's Team Leader Complianc...

7. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...residents of Ihumatao and Mangere and other supporters concerned about the archaeology and history of Ihumatao. We understand that SOUL is an acronym for Save Our Unique Landscape. [12] HNZPT is a statutory entity established under the HNZPTA, responsible for the administration of that Act and relevantly having among its functions :5 4 5 (c) To advocate the conservation and protection of historic places, historic areas, wahi tupuna, wahi tapu and wahi tapu areas: ... (e) To iss...

8. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...satisfied that there is jurisdiction to allow them, the court is not in a position to grant waiver for their late filing . That position is not relieved by the fact that the Council and relevant appellants are not opposed to them. The court has overall responsibility, through s269 RMA, to ensure fair and efficient appeal proceedings. That encompasses being satisfied, before granting any waiver, that there is no jurisdictional bar to the amended s274 notices . Therefore, this interim...

9. [2020] NZEnvC 107 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 1.5 MB]

   ...new air discharge permit is on hold under s 92 RMA. [8] No resource consents have been granted by the NRC to any of the responden_ts in respect of discharges onto land or into water. [9] In December 2014 the ·NRC began investigating the site in response to complaints that hazardous waste was being disposed of. NRC found that part of the site was contaminated and that Mr Smith was aware of that contamination. On 8 January 2015 Worksafe New Zealand issued a compliance order to SSL re...

10. Vivash v Accident Compensation Corporation [2020] NZHRRT 16 [pdf, 282 KB]

    ...would likely have recollected that the level of the payment was low. [68.4] It is still open to Mr Vivash to seek legal advice on, and to make application for, backdated weekly compensation. [68.5] Since becoming aware of its breach ACC has taken responsible steps to minimise any further harm to Mr Vivash. It arranged for, and funded, formal mediation with a professional mediator. It also funded Mr Vivash’s legal representation for that mediation. [69] These factors do not suffic...