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1. Tremain Real Estate (2012) Limited and Cox v The Real Estate Agents Authority (CAC 403) and Ly [2018] NZREADT 54 [pdf, 289 KB]

   ...provisional valuation specified in this consent form, you are entitled to cancel the contract for the grant, sale, or other disposal of the land or business. ….. [11] The second section sets out two alternatives for the Form 2 consent. “Statement A” is for “consent based on valuation”. “Statement B” is for “consent based on provisional valuation”. We set out both alternatives (as relevant to the present case), and note that “Statement B” was selected: St...

2. 2023-09-26-SOE_Mark-St-Clair_Planning.pdf [pdf, 337 KB]

   ...Kotahi conditions. [33] Ms Stout’s section 87F Report recommended a condition (responding to the Fish and Game submission) requiring the surrender or expiry of the water takes on completion of construction. The intention was to prevent the water consented to Waka Kothai being unavailable to other users from the end of 9 Page 67 of Waka Kotahi Conditions (Tracked Changes Version). 10 Statement of Evidence, Michaela Stout, dated 26 September 2023, paragraphs [13] – [22]. 11...

3. ORC - Melanie Heather - Evidence in Reply - 11 March 2022 [pdf, 146 KB]

   ...Evidence of Quinn McIntyre on behalf of Willowridge Developments Limited and Remarkables Park Limited dated 25 February 2022 in relation to the following topics: (i) Monitoring conditions imposed by the Otago Regional Council (ORC) on resource consents for earthworks and the associated discharge; and (ii) Practical compliance and monitoring implications, including where developments require both ORC and Queenstown Lakes District Council (QLDC) earthwork consents or where there...

4. [2023] NZEnvC 050 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 299 KB]

   ...proposals. [10] Policy D.2.9 was appealed by: (a) Forest and Bird, who sought that the policy be deleted. The rationale for Forest and Bird’s appeal is that the policy is unclear and contrary to case law and the New Zealand Coastal Policy Statement 2010 (NZCPS); (b) Northpower Limited, who sought that the policy be amended so that regard and appropriate weight is given to any proposed compensation. The rationale for Northpower’s appeal is that under s 104(1)(b) RMA, consen...

5. ORC - Joint Supplementary Statement of Evidence - Felicity Boyd & Kerstin Strauss - 8 November 2021 [pdf, 233 KB]

   ...directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL Applicant JOINT STATEMENT OF SUPPLEMENTARY EVIDENCE OF FELICITY BOYD AND KERSTIN STRAUSS ON BEHALF OF THE OTAGO REGIONAL COUNCIL PRIMARY SECTOR PROVISIONS 8 November 2021 Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX W...

6. ENVC practice note 2014 [pdf, 263 KB]

   ...Lodging appeals and applications 2.1 Notices of Appeal and Applications to contain particulars 2.2 Conditional acceptance of Notice of Appeal or Application 2.3 Waiver of time limits for lodging appeals 2.4 Time Limits generally 2.5 Multiple consents and appeals 3 Direct referrals 3.1 Parties to direct referrals 3.2 Managing large numbers of parties 3.3 Parties acting jointly 3.4 Recovery of costs of a directly referred application 4 Case management 4.1 Objectives...

7. 2014-Environment-Court-Practice-Note.pdf [pdf, 286 KB]

   ...Lodging appeals and applications 2.1 Notices of Appeal and Applications to contain particulars 2.2 Conditional acceptance of Notice of Appeal or Application 2.3 Waiver of time limits for lodging appeals 2.4 Time Limits generally 2.5 Multiple consents and appeals 3 Direct referrals 3.1 Parties to direct referrals 3.2 Managing large numbers of parties 3.3 Parties acting jointly 3.4 Recovery of costs of a directly referred application 4 Case management 4.1 Objectives 4.2...

8. Practice Note 2014 [pdf, 286 KB]

   ...Lodging appeals and applications 2.1 Notices of Appeal and Applications to contain particulars 2.2 Conditional acceptance of Notice of Appeal or Application 2.3 Waiver of time limits for lodging appeals 2.4 Time Limits generally 2.5 Multiple consents and appeals 3 Direct referrals 3.1 Parties to direct referrals 3.2 Managing large numbers of parties 3.3 Parties acting jointly 3.4 Recovery of costs of a directly referred application 4 Case management 4.1 Objectives 4.2...

9. [2022] NZEnvC 163 11 Cheshire Street Body Corporate v Auckland Council [pdf, 1.6 MB]

   ...COUNCIL Respondent Court: Environment Judge MJL Dickey, sitting alone pursuant to s 279(1) of the Act Date of Order: 26 August 2022 Date of Issue: 26 August 2022 _________________________________________________________________ CONSENT DETERMINATION _________________________________________________________________ A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed and the re...

10. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix A.pdf [pdf, 378 KB]

    ...local climate, soil, crop or pasture type and water availability affect the quantity of water required; and (b) The efficiency of the proposed water transport, storage and application system. Explanation When considering applications for resource consents to take water, the actual quantity required for the purpose of use of the water taken must be reflected in any consent granted. Reasonably foreseeable future growth, seasonal crop rotations, water storage or changes in water use may...