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1. [2019] NZEnvC 186 Whangarei District Council v CPE Trustee Limited [pdf, 313 KB]

   ...which they say relate to these proceedings and a further $2,869.25 relating to planning evidence. 4 [8] There is a significant dispute between the parties as to how this declaration was commenced. The Council asserts that it did not have a response from the first and second respondents establishing their existing use rights since June 2018 and therefore commenced action in December 2018. For her part, Ms Prendergast says the delays were in part beyond their control (relating to...

2. Sandra Barns - Evidence in Chief [pdf, 297 KB]

   ...Regional Council (WRC) for nine years, including one year leave of absence (2008-09) working at the University of East Anglia, Norwich, as a recipient of a Marie Curie Fellowship. While in the UK I was part of a project team researching farmer response policy, and in particular to policies required by the EU Water Framework Directive. At Waikato Regional Council I was involved in policy areas including air quality and geothermal. While at Waikato Regional Council I was part of a tea...

3. QH v TU Ltd [2022] NZDT 12 (22 March 2022) [pdf, 236 KB]

   ...It is agreed QH was required to pay a fee to LQ Ltd in order to park in one of the marked spaces. 6. QH however claims the app indicated she was at [Address 1], that she paid for a space at [Address 1] in good faith, and that it was not her responsibility to check if she was at that particular address. 7. However, KC of LQ Ltd states the app shows the live location of where the user’s cell phone is and a blue pin tells users exactly where they are parked. In this case, the...

4. X v S [2019] NZDT 1525 (20 November 2019) [pdf, 179 KB]

   ...part) are each to obtain their own quote/s for the construction of a fence having the specifications outlined in this order. 7. The fence is to comply in all respects with the provisions of the [City] Unitary Plan/ District Plan in force. It is the responsibility of the person whose contractor constructs the fence to ensure compliance. CI0301_CIV_DCDT_Order Page 2 of 4 8. If TX agrees to meet the additional cost involved in constructing a 1.8 metre high fence (as opposed to a 1....

5. ORC - Summary of Evidence - Felicity Boyd - 9 November 2021 [pdf, 163 KB]

   ...imminent and significant shift in the management of freshwater nationally. In October 2019, Professor Peter Skelton completed his investigation of ORC and provided a report outlining his findings to the Minister for the 2 Environment. In response to this report, in November 2019 the Minister recommended that ORC:1 …prepare a plan change by 31 March 2020 that will provide an adequate interim planning and consenting framework to manage freshwater up until the time that new...

6. OD Ltd v TM Ltd [2015] NZDT 1491 (29 January 2015) [pdf, 251 KB]

   ...worth many thousands of dollars. • In the circumstances, it would have been reasonable to call OD Ltd to verify that the men collecting the order had authority to do so. What remedy, if any, should be granted to OD Ltd? 14. TM Ltd must bear the responsibility for the loss of the timber, either because the timber was still TM Ltd’s property, or alternatively because the timber was OD Ltd’s property and TM Ltd failed to take reasonable precautions to prevent its loss. 15. The Tr...

7. 2021-07-28 Trustpower - Legal submissions in relation to the pORPS [pdf, 249 KB]

   ...BEHALF OF TRUSTPOWER LTD IN RELATION TO THE PROPOSED OTAGO REGIONAL POLICY STATEMENT 28 July 2021 1 MAY IT PLEASE THE COURT: 1 INTRODUCTION 1.1 These legal submissions are filed on behalf of Trustpower Ltd (“Trustpower”) in response to the Court’s 30 June 2021 Directions with respect to legal submissions on the Proposed Otago Regional Policy Statement (“pORPS”).1 1.2 These submissions address the following legal issues set out in the memorandum of couns...

8. [2021] NZEmpC 141 Employees v Attorney-General [pdf, 178 KB]

   ...CHRISTINA INGLIS [1] These proceedings relate to the alleged proposed termination of a number of employees if they fail to have their first vaccination by 26 August 2021, the date specified for certain workers under the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order). An injunction is sought prohibiting such action. [2] A statement of claim, and associated applications for interim orders and for urgency, were filed by the applicant on the afternoon of...

9. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...matters which become apparent in the course of considering a complaint.21 Mr OH may raise before the Tribunal any objections as to the Committee’s procedure in doing so. Fees [11] Mr OH says that the Committee appears to have ignored his response to the complaint about fees.22 Mr OH’s response does not provide answers to the potential breaches of the rules and regulations and the Committee is not obliged to enter into ongoing correspondence with Mr OH to clarify and discus...

10. Annexure 6 - Schedule 10A.4 [pdf, 183 KB]

    ...surface-water and connected ground water takes) [18] The 12th JWS version of the Schedule has been agreed to by all of the experts involved in its preparation and no party has raised any objection to its content. [19] We are satisfied with the responses provided to the issues we raised on the Schedule and find that the 12th JWS version Schedule 10A.4, with one important amendment to the methodologies, should be incorporated in PC7. For clarity and consistency with the entry con...