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1. 2021-02-22 Minute - PC8 - Willowridge Developments Ltd - s 281 application [pdf, 223 KB]

   ...it is interested in. 1 Part 6AA RMA 7. Counsel for Willowridge submitted that, as a residential land developer, Willowridge has an interest in developing land and carrying out the requisite activities, including obtaining resource consents. Willowridge submitted that there is a consequential effect of this interest of Plan Rules that restrict residential development. In this way, Willowridge seeks to distinguish itself from persons with lesser interests, even those who...

2. Environment Commissioners

   ...Victoria University of Wellington, as well as secondary teacher qualifications. Rosemary started her legal career in private practice quickly specialising in environmental law. She then worked in-house for a large corporate. She is very familiar with consenting large infrastructure projects, particularly renewable electricity generation, and has hands-on experience with plan making including mediation.  She has appeared at council hearings, Boards of Inquiry and before the Courts and pres...

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   2. About the Environment Court

3. [2024] NZEnvC 280 Horongarara Point Group v Waikato District Council [pdf, 735 KB]

   ...Court: Environment Judge S M Tepania sitting alone under s 279 of the Act Last case event: 18 October 2024 Date of Order: 8 November 2024 Date of Issue: 8 November 2024 _________________________________________________________________ CONSENT DETERMINATION _________________________________________________________________ A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: 2 (1) The planning maps are amended...

4. Environment court annual report 2013 [pdf, 213 KB]

   ...having 5 Deputy Environment Commissioners. Together with the reduction from 8 to 7 permanent Judges, the reduced Commissioner establishment reflects a change in the Court’s caseload and judicial requirements which follow a lower level of resource consent and plan review appeal activity being experienced by territorial authorities. 1.3 The Registry The Court Registrar has overall administrative responsibility for the Court. The Registrar, and Deputy Registrars exercise quasi-jud...

5. LCRO 241/2014 GS v YF (26 June 2018) [pdf, 152 KB]

   ...capacity as guarantor for a loan relating to his family’s farm and made Mr GS’s offices his address for service • That Mr GS had conflicting duties in acting for the lender and Mr YF’s family and/or Mr YF and he did not obtain Mr YF’s informed consent nor advise him to seek independent legal advice • That Mr GS negligently, and in breach of duties to Mr YF, failed to notify Mr YF of the PLA Notice • That Mr GS should have, but failed to, notify Mr YF of a notice served o...

6. [2024] NZREADT 16 TG v CAC 2204 & XW (5 June 2024) [pdf, 243 KB]

   ...already found the Committee’s reasoning for dismissing this head of complaint – falsely advising the neighbour the necessary consents had been obtained – to be wrong. But this does not mean its outcome was wrong. [52] The principal agent’s statement that necessary consents were obtained does infer that the required consents were obtained, whereas in fact none were needed (only the logging of a flightpath). However, we see this as the careless use of language in an inform...

7. 2021-10-04 Minute - PC7 - Community Water Supplies - TAs [pdf, 495 KB]

   ...without setting targets, the TAs agree to work to increase water efficiency and to reduce water demand, in return for which they secure a longer permit [9] If TAs do not wish to do this work, they may seek to replace their deemed permits or reconsent existing permits expiring before 2025 for a term not exceeding six years under the general RDA rule (which makes allowance for population growth).4 Directions [10] By Friday 8 October 2021, parties with an interest in the topic of...

8. [2012] NZEmpC 6 De Bruin v Canterbury District Health Board [pdf, 49 KB]

   ...November 2011. [3] With the support of his union, Mr de Bruin resolved to challenge that determination. Mr Andrew McKenzie, a Christchurch barrister, had represented Mr de Bruin before the Authority and was further instructed to prepare and file a statement of claim. [4] Section 179(2) of the Employment Relations Act 2000 provides that every challenge must be commenced within 28 days after the date of the determination in question. In this case, the last day of that 28 day perio...

9. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...Nevertheless, in keeping with the RMA’s presumption of public access, the neoliberal approach to land based activities under the RMA is reversed and private use and occupation of the coastal marine area is prohibited unless allowed by a plan or resource consent. Part VI (‘Occupation of the Coastal Marine Area’) analyses occupation of the coastal marine area under the RMA. It shows that occupation involves three elements: that it is necessary, to the exclusion of others and without r...

10. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

    ...Puketapu stated they had discovered trust funds had been used to purchase two freight containers but only one was located at the urupā. It was said that the other container is located at Waiwhetu School where Mr Winitana works. The financial statements record two freight containers were purchased by the trust at a total cost of $4,950. [19] Mr Bell reports that 27 transactions were discovered totalling $24,500 that were recorded as being paid to “Ngamoko”. The BNZ confirmed...