Search Results

1. [2019] NZEnvC 172 The New Zealand Fairy Tern Charitable Trust v Auckland Council [pdf, 13 MB]

   ...Tern, the Court directs that the parties are to provide to the Court Registrar an update report by 29 November as to: 1. Whether all relevant bodies and groups having an interest in this matter have been informed of the Court findings; 2. Their response to the findings of the Court; 3. Whether any party is seeking further orders or to file new proceedings before the Court; 4. Whether there is any further action that this Court can make in respect of the current proceedings....

2. [2022] NZEnvC 231 Hurupaki Holdings Limited v Whangarei District Council [pdf, 966 KB]

   ...detailed below, and all referenced by the Council as resource consent number SL2100046: 2. Application Form and Assessment of Environmental Effects prepared by Barker and Associates dated 1 October 2021 Revision 1; and, 3. Section 92 Further Information Response prepared by Barkers and Associates dated 10 November 2021, including plans prepared by Felicity Christian Architect and Littoralis referenced 1304 entitled ‘Neighbourhood Café – Preliminary Concept Ideas’. 4. The Food and...

3. [2021] NZACC 135–NT v ACC (10 August 2021) [pdf, 285 KB]

   ...Child Psychiatrist. NT mentioned that she had taken herself to a sexual health clinic because she wondered if she may have been raped. She reported that her body tensed up and she became distressed during the physical examination, which was a response she did not expect, and the doctor who examined her implied that her response could be consistent with a drug rape. Dr Reeves assessed that NT’s symptoms were consistent with a post-concussion syndrome, and there was no evidence...

4. Hastie and Dredge TRI-2023-100-001 Procedural Order 5 [pdf, 251 KB]

   ...settlement impose on it an obligation to obtain a code compliance certificate. To the contrary, it submits that cl 10.6 of the deed of settlement and cl 3.5.1(c) of the construction contract with the fifth respondent provide for the claimants to be responsible for obtaining a code compliance certificate. [37] Furthermore, Mr Jamieson in his affidavit says that after the sixth respondent completed its work, the claimants requested New Zealand Build to compile all relevant informa...

5. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part1.pdf [pdf, 20 MB]

   ...Report as Appendix 4.2 to the Design and Construction Report ("DCR") in Volume II. 40. For the purposes of the modelling and assessing the actual and potential effects of the Ō2NL Project, it has been assumed that upstream hydrological response to any design rainfall event will remain similar to historic behaviour. Future anthropological change, such as planned growth at Tara-Ika (not yet consented), or other land-use changes and water abstractions are assumed to cause...

6. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...submitted that Ms Tafilipepe’s conduct does not meet the “disgraceful” or “intentional” level of conduct. No customer suffered any financial loss. All lawful payments were made to customers when due. She was naïve as to her legal responsibilities of running a nominated trust account or was proceeding on an erroneous view of those responsibilities. She did not set out to intentionally flout or disregard her legal responsibilities as an agent. Upon the conclusion of the...

7. Reti v Reti-Steel-Hemaima Reti [2023] Māori Appellate Court MB 274 (2023 APPEAL 274) [pdf, 363 KB]

   ...Dixon and Ms Chesnutt for the respondents argue that the appellant seek to expand the grounds of appeal, rather than further particularise the original grounds. This they say is prejudicial to the respondents and should be denied. It was submitted in response by Mr Watson that the particularisation falls broadly within the original grounds of appeal and did not raise new issues, and that no prejudice arises to the respondents. [16] Rule 8.17(2)(c) of the Māori Land Court Rules 2011...

8. [2022] NZEnvC 051 Perjuli Developments Limited v Waikato District Council [pdf, 14 MB]

   ...the decision of the Commissioner cancelling the consent under s 132(3) on the basis it should be considered by the Council with the subdivision consent. H: Any applications for cost are to be filed within 15 working days if not agreed. Any response within 10 working days thereafter, and final reply (if any) within a further 5 working days. 3 REASONS Introduction [1] On 7 April 2020, Waikato District Council issued an earthworks consent to Perjuli Developments Limited....

9. [2022] NZEnvC 101 Otago Regional Council - Urban Provisions [pdf, 1.9 MB]

   ...This would recognise and give effect to Te Mana o te Wai. As relief, the submitter sought the following clause be added:12 (d) The use of discharge to land options as a preference wherever practicable. The parties’ agreed position [23] 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...

10. [2022] NZEnvC 101 Otago Regional Council [pdf, 1.4 MB]

    ...This would recognise and give effect to Te Mana o te Wai. As relief, the submitter sought the following clause be added:12 (d) The use of discharge to land options as a preference wherever practicable. The parties’ agreed position [23] 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...