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1. [2024] NZEnvC 219 Auckland Council [pdf, 353 KB]

   ...Shot tower and the imminent risk of collapse the Shot tower was demolished in February 2023. Because Auckland was in a State of Emergency at that time, Subpart 68 (Special provisions for buildings affected by emergency) section 133BY (Resource consent not required for certain works) of the Building Act 2004 applied. Resource consent under the RMA is not required for works that are carried out under sections 13385, 1338V, or 1338W of the Building Act. [11] The demolition of the...

2. [2020] NZEnvC 220 Napier City Council v McMillan [pdf, 2.9 MB]

   ...all zones (Rule 52A.15.1 ); v. Not involve excavations of greater than one metre vertical extent of cut/fill face, where the top of the excavation is within 10 metres of buildings or surcharge loads (Rule 52A.15.2); vi. Must be certified in a Statement of Professional Opinion, in respect of Conditions 52A.15 1 and 2 that: a. The land is suitable for development; b. The earthworks are compliant; vii. Not cause sediment runoff into a council reticulated network that results in any...

3. 19.-Manahi-Paewai-Supplementry-Evidence.pdf [pdf, 1.3 MB]

   ...Management Act 1991 IN THE MATTER OF a notice of motion under section 87G of the Act seeking the grant of resource consents to Waka Kotahi NZ Transport Agency for Te Ahu a Turanga: Manawatū-Tararua Highway SUPPLEMENTARY STATEMENT OF EVIDENCE OF MANAHI PAEWAI REPRESENTING RANGITĀNE O TAMAKI NUI A RUA 16 June 2020 PURPOSE OF EVIDENCE 1. The purpose of this statement of evidence is to file a whakapapa to explain the genesis of and...

4. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 32 KB]

   ...trading as Creative Building, citing the defects that were identified in the WHRS assessor’s report as attributable to the fourth respondents. [9] Mr Cox and Mr Ferris applied for removal and by letter dated 26 October 2007 the claimants consented to their removal. In Procedural Order No.3 dated 13 November 2007 I granted the application by Mr Cox and Mr Ferris for removal on the basis of this consent and because no other party had opposed this application for removal....

5. QAB v PAC, OAD and NAE LCRO 93/2015, 94/2015 and 142/2016 [pdf, 105 KB]

   ...conduct the review as he or she sees fit, but at all times the principles of natural justice apply. Hearings conducted by the LCRO 5 This Office had on a number of occasions requested the parties to consent to the reviews being completed on the basis of material to hand. Mr QAB declined to consent. 6 LCRO 216/2010 and 253/2010. 5 are not court hearings. They will be conducted with as little formality as is consistent with a prope...

6. McGregor v Jensen [pdf, 89 KB]

   ...is the only person who gave evidence who has first hand knowledge of how the walls are built. His account of the process accords with what is set out in the assessor’s report as the appropriate construction process. In addition a producer statement was obtained and the author confirmed he was satisfied that the masonry walls were completed in accordance with the building consent and Building Code. [31] The evidence before me therefore does not establish the specific cau...

7. [2022] NZEnvC 030 Anderson Branch Creek Limited v Queenstown Lakes District Council [pdf, 973 KB]

   ...concerns remaining appeal points allocated to Topic 19 of Stage 1, concerning the ‘Ski Area Subzone’. Following court-facilitated mediation, parties reached a full settlement on all provisions and matters in issue. On 29 November 2021, a consent order was issued in regard to several provisions. However, for reasons given to the parties, some provisions were held for determination.1 1 The first joint memorandum seeking consent order determination of appeal points allo...

8. BORA Resource Management and Electricity Legislation Amendment Bill [pdf, 32 KB]

   ...appropriate public participation and the meeting of environmental objective." 3. The key measures in the Bill therefore: • establishes a requirement that the majority membership of hearings panels are "accredited" for hearing resource consents, private plan changes, designation and heritage order hearings: • empowers all hearings panels with more inquisitorial powers; • focuses appeals in the Environment Court on testing the merits of the first (local authority)...

9. 22 March 2017 Yaldhurst Quarries Joint Action Group v Christchurch City Council [pdf, 179 KB]

   ...be the case if the hearing time allocated by the Court is not used. 2. EVIDENCE The parties must (subject to any existing timetable order or direction of the Court): Exchange no later than 10 working days from the date of hearing - all statements and evidence that will be produced to the Court at the hearing. 3. MĀORI LANGUAGE AND SPECIAL REQUIREMENTS If any party or witness: 1. wishes to speak Māori at the hearing under the Māori Language Act 1987, or 2. has spe...

10. 24 November 2020 JJ Limited v Dunedin City Council [pdf, 123 KB]

    ...Direct dial phone: (03) 367 6804 E-mail address: Cathy.Harlow@justice.govt.nz ENVIRONMENT COURT WX11113 PO Box 2069 Christchurch SCHEDULE OF PROCEEDINGS Appeal against decision of Dunedin City Council relating to the subdivision consent SUB-2018-139 and the land-use consent LUC-2018-711 in Dunedin ENV-2019-308-000007 JJ Limited v Dunedin City Council Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Management Act 1991 Court...