Search Results

1. 2021-07-23 Minute - PC7 - Community Water Supplies [pdf, 400 KB]

   ...ENVIRONMENT COURT COMMUNITY WATER SUPPLIES (23 July 2021) _______________________________________________________________ [1] This Minute is released for the purpose of case management and addresses an exception sought to the policies on duration of consents for community water supplies. [2] By way of general comment, it is always preferable that the court be left to consider a case for an exception to proposed policies with a suitable set of provisions in front of it. As indi...

2. [2013] NZCA 398 CA141/2013 Vulcan Steel Ltd v Wonnocott [pdf, 238 KB]

   ...____________________________________________________________________ REASONS OF THE COURT (Given by French J) Introduction [1] Vulcan Steel Ltd seeks leave to appeal against a decision of the Chief Judge of the Employment Court. Chief Judge Colgan found that Vulcan Steel had impliedly consented to Mr Wonnocott raising a personal grievance out of time. 1 1 Vulcan Steel Ltd v Wonnocott [2013] NZEmpC 15. [2] The...

3. ENVC Hearing 27Jul15 WML suppl evidence Steven James [pdf, 168 KB]

   ...state that I rely upon the evidence of other expert witness as presented to this hearing. I have not omitted to consider any material facts known to me that might alter or detract from the opinions expressed. Scope of Evidence 4. In this statement of evidence I discuss the following: a. The civil engineering aspects of the proposed development incorporating the latest revisions with particular reference to infrastructure servicing the marina (stormwater, water supply, an...

4. [2022] NZEnvC 231 Hurupaki Holdings Limited v Whangarei District Council [pdf, 966 KB]

   ...WHANGĀREI DISTRICT COUNCIL Respondent Court: Environment Judge J A Smith sitting alone under s 279 of the Act Date of Order: 7 November 2022 Date of Issue: 7 November 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 subje...

5. QB v OL [2021] NZDT 1563 (7 December 2021) [pdf, 164 KB]

   ...contribution. QB filed a claim for $12,000.00. 6. The issues to be resolved are: (a) Is there any responsibility arising from the Agreement for Sale and Purchase to contribute to sealing or survey costs? (b) If not, does liability arise from any statement or conduct during the contract period to pay for sealing costs? (c) Does liability arise from any statement or conduct during the contract period to pay for survey costs? Is there any responsibility arising from the Agreement for...

6. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...Tenants”; b) The original agreement for sale and purchase, signed by JM Ormsby, stated that the shares were to be held as tenants in common; and c) JM Ormsby did not attend the meeting of assembled owners1 on 6 December 1991 even though the statement of proceedings records her as being in attendance. Nor did she sign the Resolution of Assembled Owners. 3. The applicant claims that she is adversely affected by the order complained of because the whānau have lost their connectio...

7. Auckland Standards Committee 2 v Dangen [2019] NZLCDT 22 [pdf, 502 KB]

   ...(Mrs KB)”; and • “At this stage I do not envisage any expenses that are likely to be incurred in managing (Mrs KB’s) property”; and 5 • “I confirm that I am aware of my responsibilities to prepare and file in the Court statements containing prescribed particulars as referred to in Section 45 of the Act as to (Mrs KB’s) property …”. And the relevant statutory periods are then set out after that statement. [15] Ms Dangen was asked to swear the affidavit...

8. Guidelines - How to make an appeal [pdf, 318 KB]

   ...2018, reg 249(3). 5 [9] TELEPHONE CALL 9.1. After receiving a Notice of Appeal, the Authority will schedule a telephone call with all the parties to identify the issue in the appeal. The parties must attend the call unless the Authority consents to their non-attendance. 9.2. It is expected that the telephone call will take approximately 30 minutes. 9.3. The purpose of the telephone call is to clarify the issues to be determined in the appeal and set a timetable for filing...

9. [2019] NZEnvC 202 JWA Smith & DV Smith Trust v Queenstown Lakes District Council [pdf, 6.4 MB]

   ...of the site enables commercial activity as a permitted activity, essentially overtaking the appeal in that it enabled as of right many of the activities that were the subject of the Consent. The applicant had in the meantime obtained non-notified consents for the balance of the activity it intended to undertake pursuant to the Consent. [5] On 8 July 2019, the applicant filed a memorandum of counsel reporting that the parties had not been able to reach resolution and proposing a timeta...

10. ENVC-16 notice of appeal on decision concerning resource consent, transfer of water or discharge permit, certificate of compliance or esplanade strip [docx, 25 KB]

    ...DLM237795][bookmark: DLM196479][bookmark: DLM3134127][bookmark: DLM378556]Resource Management (Forms, Fees, and Procedure) Regulations 2003 (as at 03 March 2015) Form 16 Notice to Environment Court of appeal on decision on application concerning resource consent, transfer of water permit or discharge permit, certificate of compliance, or esplanade strip [bookmark: DLM235220][bookmark: DLM235254][bookmark: DLM235265][bookmark: DLM235268][bookmark: DLM235278][bookmark: DLM237263]Sections 121, 12...