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1. ENVC Hearing 6Oct14 AC evidence chief Anthony Bryce [pdf, 120 KB]

   ...three days emergency storage. A 10 m3 storage tank was proposed which exceeds the specified storage requirement by a significant margin. The wastewater in the tank would be collected by a septage disposal contractor for disposal to existing consented treatment facilities on the Island. 12. The Applicant also proposed that provision would be made for separate storage of waste from the holding tanks of vessels using the marina. As these contain deodorising and sterilising addi...

2. Annexure 5 - Water Quantity [pdf, 151 KB]

   ...Council’s water resource assessment programme can be completed by the time of the notification of a new regional plan. Of more importance are our findings that the operative regional plan does not give effect to the three relevant national policy statements and likewise, also, the operative regional policy statement. Te Mana o te Wai is not an integral part of freshwater management in Otago and the weakly drawn objectives of the RWP provide no direction on outcomes for the envir...

3. Mihaka v Housing New Zealand Corporation (Dismissal) [2017] NZHRRT 29 [pdf, 278 KB]

   ...August 2016. For present purposes it is relevant to note: [24.1] Any request by Mr Mihaka to the Director of Human Rights Proceedings that he provide representation had to be made by Mr Mihaka on or before 12 August 2016. [24.2] Mr Mihaka’s statements of evidence were required to be filed and served by 9 September 2016. [24.3] The proceedings were to be heard on 28 and 29 September 2016. [24.4] Mr Mihaka and Ms Raue were to confirm Mr Mihaka had arranged his affairs, particularl...

4. Complaints Assessment Committee 408 v Reed [2017] NZREADT 6 [pdf, 226 KB]

   ...substantive charge and the alternative charges were founded on the same factual background, set out above. [19] The particulars of each of the charges were that: [a] In breach of s 134 of the Act, Mr Reed: [i] failed to obtain the Whittys’ informed consent to continue acting on the sale when he had a conflict of interest arising out of his decision to purchase the property for himself; [ii] did not obtain that consent in writing in the prescribed form, as required by s 134 a...

5. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   ...Environmental Society Incorporated (section 274 party) Date of Decision: 16 October 2018 Date of Issue: 16 October 2018 INTERIM DECISION A: Under section 290 of the Resource Management Act 1991 the Environment Court: (1) declines to grant consent for a four-lot subdivision with three building platforms under the applicant's Option "B"; but (2) subject to Order B, grants consent for a four-lot subdivision with three building platforms under the applicant's Op...

6. RIS: Protection of the name ombudsman [pdf, 510 KB]

   ...Parliamentary Ombudsmen, by reserving the name ‘ombudsman’ for their use. There is a risk that the use of the name may proliferate, if the effect of a recent Court of Appeal decision1 is that previous decisions of the Chief Ombudsman conferring consent to use the name must be taken into account, to ensure those currently consented do not have market advantage. This could compel the Chief Ombudsman to grant consent, in particular to applicants operating in the same field as curren...

7. [2022] NZIACDT 9 NL v Registrar (2 May 2022) [pdf, 193 KB]

   ...would require the client, in clear and express terms, to consent in writing to representation despite the conflict. The nature of the conflict and the fact that it is a conflict should be expressly recorded, so that it is clear what the client is consenting to. [40] The disclosure and written consent could occur in the client agreement itself. The standard conflict clause used by the adviser here paraphrased the Code provisions, which is helpful, but then went on to make the incor...

8. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...AUTHORITY (CAC20009) First respondent AND PETER THOMPSON, DENNIS LAW, ALEXANDER ELTON AND MAXWELL HOUSE Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member BY CONSENT, HEARD ON THE PAPERS DATE OF THIS DECISION 5 May 2014 APPEARANCES The appellant on his own behalf Ms J MacGibbon for the Authority Mr T D Rea for licensees DECISION OF THE TRIBUNAL ON STRIKE-OUT APPLICATION The Issue [1...

9. [2024] NZEnvC 142 Neil Construction Limited v Far North District Council [pdf, 3.2 MB]

   ...Council) S T Shaw for Friends of Rangitane Stream and Vision Kerikeri (s 274 parties) Date of Decision: 21 June 2024 Date of Issue: 21 June 2024 DECISION OF THE ENVIRONMENT COURT A: The appeal is allowed. The Court is satisfied a resource consent can be granted and will achieve the objectives and policies of the relevant documents and the purpose of the Act. 2 B: The Court directs: (1) the applicant is to provide amended plans and conditions for the developme...

10. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

    ...respond. An offer was made to meet to hand over further information on 3 August. [15] Police then extended the date for the meeting and handover of documents to 8 August 2016. At the 8 August meeting Police provided access to a number of witness statements taken during Police’s criminal investigation. Police accept that no reason for withholding information was provided at this time. [16] A further tranche of witness statements was released to the plaintiff on 4 October 2016....