Search Results

1. [2017] NZEnvC 033 Brownlie Brothers Limited v Far North District Council [pdf, 332 KB]

   ...NRC confirming its notice of requirement filed on 4 December 2015 (ENV-2015-AKL-000153); and c) An appeal under s 120 of the Act by Brownlie Brothers Ltd against decisions of the Far North District Council (FNDC) and the NRC granting resource consents to the NRC as applicant filed on 4 December 2015 3 (ENV-2015-AKL-000155). [3] By the beginning of 2017, after unsuccessful mediation and several case management directions, the proceedings were on a timetable for hearing on or af...

2. [2024] NZEnvC 252 Beachlands South Limited Partnership v Auckland Council [pdf, 391 KB]

   ...appeals ENV-2024-AKL-105, 106 and 107 and 3 application to strike out the Council as Appellant (the PC88 appeals), the Court directs: (1) The parties are to file a further joint memorandum with the Court by 31 October 2024 providing the consent documentations settling all Plan Change 88 appeals (and the strike out); (2) If they are not able to complete all matters by that date, they may seek a two- week extension on two occasions, to a total time to the end of November 2024;...

3. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...ground level. At the back of the deck an external stair leads up onto it. [3] Ms La Grouw approached Mr Mark Rantin, the first respondent, who is a qualified architect, to draw the plans. Mr Rantin drew a concept plan and obtained resource consent for the alteration and the addition of the deck, but he did not carry on and provide drawings for building consent because of another pressing commitment that arose unexpectedly. He suggested to Mr La Grouw that Mr Watson, who is a...

4. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...conclude that Mr Marevich was not responsible for the quality of the cladding installation and, as he did not assume such responsibility, he did not owe a duty of care to the claimants. [36] Although Mr Marevich knew that the PBS producer statements were issued in his name, he did not sign the statement issued in respect of this dwelling. I therefore conclude that Mr Marevich has no personal responsibility for negligent misstatement. For these reasons the claim against Mr M...

5. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...contract. [7] Mrs O’Callaghan drew plans from the architect’s sketches for a Firth masonry villa. Mrs O’Callaghan worked with Firth and Brunsdon Cathie Ltd, a design engineering company, in producing the plans. Application for building consent was made on or about 24 December 1993. Page 4 [8] The project was put out to tender. Two tenders were received. Neither tender was accepted though the Simpsons entered into negotiations with Heyhoe Builders Limited, (th...

6. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...contribution was diminished as a consequence of a failure on her part to meet her reasonable obligations in respect to maintenance of the property, matters which were addressed by the Court; and (o) Mr DN had provided Ms RY with a copy of the settlement statement following completion of the purchase; and (p) Ms RY was incorrect to contend that Mr EW held Ms EJ’S power of attorney at the time of the purchase; and 6 (q) Mr DN held no information confidential to Ms RY which com...

7. 2023-08-101114-O2NL-JWS-Planning.pdf [pdf, 1.9 MB]

   ...matter of the direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin project By NEW ZEALAND TRANSPORT AGENCY-WAKA KOTAHI Applicant JOINT STATEMENT OF PLANNING EXPERTS 10, 11 and 14 August 2023 Page 3 INTRODUCTION 1. This joint witness statement relates to expert conferencing on the topic of planning. 2. The expert conferencing was held on 10, 11 and 14 August 2023,...

8. [2023] NZEnvC 186 Lund v Dunedin City Council [pdf, 1.1 MB]

   ...considered. In summary, the decision was made that the GR1 zone is the most efficient and effective to maintain residential immunity in the surrounding area and expansion beyond that governed by existing use rights is better managed by resource consent which under the zoning would be a noncomplying activity. [22] For reasons that are stated in the balance of this decision we come to a different decision to the Council at first instance. In the circumstances of this unusual sight...

9. [2020] NZEnvC 187 Haines House Haulage Northland Limited v Whangarei District Council [pdf, 5.9 MB]

   ...Memorandum: AJ Webb for Haines House Haulage Northland Limited (HHH) GJ Mathias for Whangarei District Council (the Council) Date of Determination: 4 November 2020 Date of Issue: 4 November 2020 DETERMINATION OF ENVIRONMENT COURT JUDGE J A SMITH A: Consent is granted for the temporary storage of relocatable houses at 31 Piano Hill Road, Whangarei in accordance with the Terms and Conditions thereof attachment 1 and the Revised Plans attachment 2 and Vegetation Management Plan attach...

10. Mayfair Street Units v Spargo [pdf, 54 KB]

    ...evidence may arise in the course of adjudication. Lynn Eval Spargo & Merlyn Ruth Spargo 6. Lynn Eval Spargo and Merlyn Ruth Spargo, the first respondents have applied to be removed from these proceedings. 7. The application was deferred with the consent of the parties. Lindsay Andrew John Mack 8. Lindsay Andrew John Mack has applied for removal on the grounds that he was not a party to the construction contracts. Mr Mack says that Norfolk Homes Limited (Norfolk) organised l...