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1. Director of Proceedings v Brooks [2019] NZHRRT 37 [pdf, 828 KB]

   ...parties request that the agreed summary of facts be published by the Tribunal as an addendum to the decision. 4. The defendant consents to the Tribunal making the above declaration based on facts set out in the agreed summary of facts. 5. In the statement of claim the plaintiff also sought damages pursuant to s 57(1). This aspect of the relief claimed by the plaintiff has been resolved between the parties by negotiated agreement. There is no issue as to costs. 6. The only matter remai...

2. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

   ....................................................................................................... 5 A - Introduction .............................................................................................................. 5 Notice of Requirement and resource consents ........................................................... 6 The appeals ............................................................................................................... 7 B - Legal framework for th...

3. [2023] NZEnvC 130 McCallum Bros Limited v Auckland Council [pdf, 151 KB]

   ...formally recorded as withdrawn. B: The appeals by Manuhiri Kaitiaki Charitable Trust, Friends of Pakiri Beach Incorporated and Director-General of Conservation are allowed. The appeal by McCallum Bros Limited (ENV-2022-AKL-219, regarding the midshore consent conditions) is refused. The consent is cancelled. C: Costs are reserved. Any application for costs in relation to the withdrawal of the Midshore Application and the appeals to the consent are to be filed and served within 20...

4. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 61 [pdf, 183 KB]

   ...West (that is, examination in chief, cross-examination, and re-examination) should be admitted at the hearing before the Tribunal, in order to avoid those witnesses being required to attend at the hearing. Mr McKinney advised that the appellants consent to that course, as did Mr Hodge on behalf of the Authority. [6] Similarly, Mr Grove submitted that transcripts of the evidence of two expert witnesses, Ms Payne and Mr Chappel, be admitted at the hearing. That, too, is consented...

5. Kim v Kim [2016] NZIACDT 56 (20 September 2016) [pdf, 211 KB]

   ...disbursements). [21] The approximate amount is $10,000; it was denominated in Korean currency. The order will be for $10,000 and it is not necessary to analyse fully the extent to which the sum is respectively a refund of fees or compensation, given it is a consent order. [22] The complainant has sought unspecified compensation. It is necessary to relate compensation to damage arising from the grounds of complaint the Tribunal upheld. In my view: [22.1] The ground of complaint re...

6. [2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 281 KB]

   ...members of the public. [2] This judgment deals with various interlocutory matters raised by the parties that have delayed the progression of the substantive proceedings. History of the proceedings [3] Associate Professor Wiles’s statement of claim was filed in the Court on 27 January 2022. The Court was able to hear the matter expeditiously, but due to availability and preparation issues, the dates agreed for the hearing were 5–13 September 2022. [4] Timetabl...

7. [2024] NZEnvC 051 Hamilton City Council v Waikato District Council [pdf, 735 KB]

   ...Expressway Service Centre; and (d) Minor amendment is required to the planning map showing the Expressway Service Centre Specific Control to accurately reflect the cadastral boundaries of the Site. Relevant Statutory Framework National Policy Statement for Urban Development (NPS-UD) [11] The NPS-UD was considered by the planning expert, Mr Clease, in his statement of evidence.2 Mr Clease concludes that the delivery of an appropriately scaled motorway service centre on one of t...

8. Green and Green v IT (Reinstatement of Second Plaintiff) [2016] NZHRRT 39 [pdf, 253 KB]

   ...by IT regarding the Harassment Act proceedings are to be provided to Mrs Green and to Jeremy. [44.4] Should IT elect to file an amended statement of reply that document is to be filed and served by 5pm on Friday 17 March 2017. [44.5] Written statements of the evidence to be called at the hearing by Mrs Green and Jeremy are to be filed and served by 5pm on Friday 28 April 2017. By the same date Mrs Green and Jeremy are to provide Mr Opie with a list of documents they wish to have inc...

9. [2024] NZEnvC 209 Bettley-Stamef Partnership v Waikato District Council [pdf, 1.1 MB]

   ...Court: Environment Judge S M Tepania sitting alone under s 274 of the Act Last case event: 31 July 2024 Date of Order: 28 August 2024 Date of Issue: 28 August 2024 _________________________________________________________________ CONSENT ORDER _________________________________________________________________ 2 A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) The planning maps are amended in acc...

10. ENV-2016-CHC-000071 Affidavit of Mr Nathan Hole [pdf, 3.9 MB]

    ...Conservation as a Community Relations Officer - Mining, processing mining access arrangements applications under the Crown Minerals Act 1991. From August 2007 to June 2008 I was employed by the Grey District Council in the role of Senior Planner - Consents before taking up my current position at Mackenzie District Council. 3. In my role I am responsible for managing the Council's functions in relation to Resource Management, building control, health and liquor, animal control,...