Search Results

1. [2017] NZEnvC 110 Auckland-Council v L Mao [pdf, 3.2 MB]

   ...and fourth Respondents disagree with the prospective action of the Court, then submissions are to be filed within five working days, together with any affidavits in support. B: Auckland Council is to file any submissions and/or affidavits in response within a further five working days. C: The Court will then conclude whether or not it can proceed to finalise this matter on the papers, conduct a telephone conference or set the matter down for a hearing. D: Costs are reserved ....

2. Niao - Lot 39A Sec 2B No 2B No 2A Parish of Matatā (2017) 163 Waiariki MB 22 (163 WAR 22) [pdf, 168 KB]

   ...being unable to attend. 4 Procedural history [7] The injunction application was filed on 23 January 2017. On 31 January 2017 Judge Coxhead directed the proceedings be set down for hearing and a copy of the application sent to Mr Park for his response. [8] The application was heard before me on 3 April 2017. 5 No response has been received from Mr Park and he did not appear at the hearing. The applicant, through Ms Vercoe, spoke to the matters arising in relation to the s 45 a...

3. [2018] NZEnvC 034 Hood v Dunedin City Council [pdf, 1.7 MB]

   ...intractable mindset with regard to matters they should have responsibly left alone. That is in the fact that they bore more on the inter-neighbour relations than anything relevant to RMA proceedings. However, the appellants' counsel ran a responsible case with what was available to him. He skilfully and appropriately brought matters into focus as best as he was able given the circumstances. This materially mitigated the positon for the other parties. I find some concession is a...

4. E44 Richard Simonds - Groundwater - EIC - Council [pdf, 753 KB]

   ...(Executive Summary); (b) An assessment of the Application, including an overview of the key points from my Report (Assessment of the Application); (c) An update following expert witness conferencing, referring to the JWS where appropriate, and a response to matters raised in the Applicant’s evidence (Update Following Expert Witness Conferencing / Response to Applicant’s Evidence); (d) Comments on draft conditions and proposed mitigation (Conditions / Mitigation); and...

5. E47 Matt Byrne - Earthworks - EIC - Council [pdf, 737 KB]

   ...Summary); (b) A brief overview of the assessment of the regional earthworks aspects of the Application contained in Ms Harte’s Report (Assessment of the Application); (c) An overview of the outcome of expert witness conferencing and a brief response to the Applicant’s evidence (Update Following Expert Witness Conferencing / Response to Applicant’s Evidence); (d) Comments on draft conditions and proposed mitigation (Conditions); and (e) Conclusions. 6. EXECUTIVE SUMMARY...

6. BORA Rugby World Cup 2011 (Empowering) Bill [pdf, 319 KB]

   ...participating in the Rugby World Cup 2011 – that may have an adverse effect on the event (for instance, by reducing attendance at matches involving that country). 8. When exercising its decision making power under cl 39(1)(b) the Authority is responsible for ensuring that its decisions are consistent with the Bill of Rights Act. We consider that this clause does not authorise the Authority to make an interim order in a way that would limit the right to freedom of expression in a way th...

7. Rihari v Auckland -Takou Trust Ahu Whenua Trust (2020) 220 Taitokerau MB 136 (220 TTK 136) [pdf, 227 KB]

   ...the trustees or enforce their obligations and so I issue directions on this below. Decision [33] Per ss 37(3), 239 and 220 of Te Ture Whenua Māori Act 1993, I grant the following orders: (a) Appointing Hoki Tua Senior and Brian Heihei as responsible trustees of the Takou Trust to replace Sophie Tua who has resigned; and (b) Vesting the Takou Block, and any other Trust assets, in Mr Tua, Mr Heihei and the remaining trustees as responsible trustees of the Trust. [34] I adjourn...

8. Auckland Standards Committee 4 v Shand [2021] NZLCDT 9 (31 March 2021) [pdf, 108 KB]

   ...that he instructed his IT firm before disciplinary action was commenced in regard to this discrete matter, not providing his file. She points out that he finally provided what could be retrieved of the file, albeit late. Although sometimes non-responsive to Standards Committee communications, Mr Shand was never rude nor disparaging to the Standards Committee. He apologised to the Standards Committee. His email of 23 June 2020 does so in the following terms: “In relation to...

9. [2017] NZEnvC 143 Nelson City Council [pdf, 882 KB]

   ...was a copy of the Council Deliberations Report on the road stopping. The document relevantly contains the following comment: Road safety concerns raised in the submissions and by the objectors at the hearing on 30 August 2016 were discussed. In response to a question, Engineering Advisor Sue McAuley advised that if the road were stopped, 2m of road reserve would remain which could accommodate chevrons or warnings signs if required. In response to a question, Ms McAuley advised that...

10. Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 [2017] Māori Appellate Court MB 150 (2017 APPEAL 150) [pdf, 238 KB]

    ...injunction application to enable Mr Rahui to present evidence to rebut the allegations made against him. Parties’ arguments [9] Mr Rahui submitted that s 19 of the Act only allows for interim and not permanent injunctions to be granted. [10] In response, Mr Bloor argued that s 19 does allow for the granting of final injunctions. 6 2017 Māori Appellate Court MB 78 (2017 APPEAL 78) at [6]. 2017 Māori Appellate Court MB 153...