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1. AZ v YX LCRO 175 / 2010 (25 March 2011) [pdf, 91 KB]

   ...incurred, the review also needs to consider the drawdown and deduction of costs. This was a matter referred to by the Applicant in her complaint to the Law Society when she noted that she was unaware that this had been done until receipt of the statement and report from Ms YV following completion of the matter in December 2009. 6 Was the work authorised? [33] The first matter that must be dealt with is the suggestion by the Applicant that the work was unauthorised and unne...

2. [2022] NZEnvC 127 Climate Justice Taranaki Incorporated v Taranaki Regional Council [pdf, 383 KB]

   ...that, with the Amendment Act, Parliament had made clear comments about the legislative scheme for managing climate change. It considered that the drafters of the Amendment Act had not envisaged climate change arguments being made for rules and consents relating to activities that indirectly result in the discharge of greenhouse gases.10 The majority noted that they considered this to be the reason why ss 70A and 104E refer only to activities that resulted in direct discharges....

3. [2010] NZEmpC 127 Brownie v Fuster [pdf, 17 KB]

   ...vest in the Assignee. [11] In this context, “property” includes intangible personal property rights such as the right to litigate. It follows that, as an undischarged bankrupt, Mr Brownie is not entitled to commence proceedings without the consent of the Assignee. There is no suggestion that such consent has been given. In the absence of a right to commence proceedings, an application for an extension of time to do so is therefore pointless. The application currently before...

4. 2021-03-15 Simon Wilson - Supplementary Evidence (14 March 2021) [pdf, 111 KB]

   ...Trustpower in Deemed Permits Status Report 5 On 9 March 2021, Counsel for Trustpower asked me a point of clarification around the Deemed Permits Status Report (Exhibit ORC1). Trustpower holds over 100 Deemed Permits and seeking replacement consents for only four of those. Mr Welsh asked me how the Deemed Permits Status Report deals with the other hundred which Trustpower will let lapse.1 6 In answer to the question, I said that they are included in 332 current permits and t...

5. [2023] NZEmpC 38 Halse v Employment Relations Authority [pdf, 151 KB]

   ...accompanying counsel’s memorandum, to be excused from further participation in the proceeding. [14] The conference was attended by counsel for the Authority, Mr Halse and counsel for Rangiura. All parties to the proceeding, including Mr Halse, consented to the Authority’s application and it was granted. That outcome was recorded in the minute of that conference issued on 8 February 2022. [15] If a stay could be granted I would not make such an order. It would not be in th...

6. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...Access to Awaroa is by air, foot, boat or limited four-wheel drive access across the Awaroa Estuary at low tide. There is a road from Takaka which terminates at a 9 car park on the Awaroa Inlet approximately 3km from Awaroa. A Joint Agreed Statement of Facts and Issues dated 18 September 2020 Goint Statement) states that most tourists arrive by water-taxi services which pull into the beach abutting private land. The Airstrip [12] The Airstrip was established in the 1960s on pr...

7. ENVC Hearing 6Oct14 AT rebuttal Aut Karndacharuk [pdf, 120 KB]

   ...Management Act 1991 (the Act) In the matter of a Notion of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Statement of Evidence in Reply of Auttapone (Aut) Karndacharuk for Auckland Transport Dated 23 September 2014 4813737.3 1 Introduction 1 My full name is Auttapone (Aut) Karndacharuk. 2 I have the qualifications and experience set o...

8. [2018] NZEnvC 044 Whangarei District Council v Northland Regional Council [pdf, 178 KB]

   ...Federated Farmers of New Zealand Inc v Northland Regional Council [2016] NZHC 2036. 3 [7] In the appeal in this Court, I found: 3 there is power under the RMA for regional councils to make provision for control of use of GMOs through regional policy statements and plans. [8] That decision was upheld in the High Court. [9] The submissions lodged by Federated Farmers in the present case are curious to say the least. Mr Makgill submitted that its submissions were rather difficult to...

9. 2023-NZEnvC-244-The-Canyon-Vineyard-Limited-v-Central-Otago-District-Council.pdf [pdf, 2.8 MB]

   ..._______________________________________________________________ 2 Introduction [1] This proceeding concerned an appeal by The Canyon Vineyard Limited (‘Canyon’) against a decision of the Central Otago District Council (‘the Council’) granting subdivision and land use consent for land at the south of the Bendigo Loop Road at Bendigo, owned by Bendigo Station Limited (‘Bendigo’). In the interim decision The Canyon Vineyard Ltd v Central Otago District Council1 the court...

10. [2023] NZEnvC 111 Schmuck v Northland Regional Council [pdf, 12 MB]

    ...amendment to one remaining condition of consent. B: Costs reserved. REASONS Introduction [1] The appeal concerns some of the conditions of consent imposed by an Independent Hearings Commissioner appointed by Northland Regional Council on consents issued by him in his decision in November 2020. The consents related to an application by the appellant Mr Schmuck for a suite of consents related to activities variously already conducted by Doug’s Opua Boat Yard and some new cons...