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1. ENVC Hearing 27Jul15 WML suppl rebuttal Robert Pryor [pdf, 74 KB]

   ...James Pryor on behalf of Waiheke Marinas Ltd Dated 13 July 2015 2 Introduction 1. My full name is Robert James Pryor. I have the qualifications and experience set out in my evidence-in-chief. 2. This statement of rebuttal evidence has been prepared in accordance with the Code of Conduct for Expert Witnesses. 3. This statement of rebuttal evidence responds to matters covered in the supplementary evidence of the following witnesses: �...

2. Director of Proceedings v Zhu [2012] NZHRRT 7 [pdf, 150 KB]

   ...purpose of giving directions to ensure that the case would be ready for hearing at Auckland on 16 April 2012. [2] The plaintiff and defendant have since settled the proceedings and on 2 March 2012 filed with the Tribunal the following documents on a consent basis: [2.1] Consent Memorandum dated 29 February 2012. 2 [2.2] Agreed Summary of Facts. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon...

3. [2023] NZEnvC 241 Ngati Te Ata v Auckland Council [pdf, 178 KB]

   ...TAMAOHO Section 274 parties Court: Environment Judge MJL Dickey sitting alone under s 279 of the Act Date of Order: 8 November 2023 Date of Issue: 8 November 2023 _________________________________________________________________ CONSENT DETERMINATION _________________________________________________________________ 2 A: Under section 279(1)(b) of the Resource Management Act 1991 (RMA), the Environment Court makes the following orders by consent: (1) the appea...

4. Auckland Standards Committee 3 v Ms W [2023] NZLCDT 35 (17 August 2023) [pdf, 214 KB]

   ...not, read in context, impose on her a solemn duty to the court beyond the ordinary terms of a timetable order. We find she was not subject to an undertaking of the kind referenced in r 10 of the Rules. [10] The second charge involved nine false statements made by the practitioner to her client and to the opposing lawyers between August 2019 and February 2021. The practitioner had accepted instructions to pursue a civil claim for alleged negligent building design. Her false statem...

5. 1.-Lonnie-Dalzell-Owner-Interface-Manager.pdf [pdf, 400 KB]

   ...WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource 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 STATEMENT OF EVIDENCE OF LONNIE WILLIAM D'WAYNE DALZELL ON BEHALF OF WAKA KOTAHI NZ TRANSPORT AGENCY OWNER INTERFACE MANAGE...

6. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...from the Trust’s STA ledger. The allegations are that, in doing so, Mr Williams: (a) Did not fully disclose his interest in GHI to Mrs Z. (b) Did not advise the Trust or Mrs Z to obtain independent legal advice. (c) Did not obtain Mrs Z’s consent. [10] Mr Williams has admitted Conduct Unbecoming in respect of this particular and also in respect of Particular 2 which also relates to transactions 2 and 3. He denies that he did not fully disclose his interest in GHI to Mrs Z an...

7. Maori Land Court Recusal Guidelines [pdf, 226 KB]

   ...3. The judge should be particularly mindful of the difficult position that the parties and their advisors are placed in by disclosure on the day of the hearing. Late disclosure puts the parties in a situation where it might appear to them that consent is sought even although a ground of recusal actually exists. The consent of the parties to a judge sitting is important but not determinative, as the subjective perceptions of the parties are not relevant to whether there is a reason...

8. [2021] NZEmpC 216 VMR v Aviation Security Service (AvSec) division of Civil Aviation Authority [pdf, 204 KB]

   ...vaccine to retain their employment when at the time of their dismissal the defendant had 99% of its workforce already vaccinated. The plaintiffs say: (i) This was not lawful or proportional, particularly as the medical treatment has only provisional consent from the government regulator Medsafe subject to 58 unanswered questions about safety, efficacy and product integrity, and that approval was subject to the Pfizer datasheet and risk management plan (both published by Medsafe) wh...

9. Auckland Standards Committee v Cox [2015] NZLCDT 32 [pdf, 25 KB]

   ...GSA. On that basis Mr Spencer signed a deed of partial release of and discharge of Mrs Simpson’s security interest on 13 May 2013. He sent it to the practitioner on the same day. [9] On 15 May 2013, the practitioner received a draft settlement statement and a draft repayment statement from the solicitors acting on the sale of the management rights of the Portside Hotel. The draft repayment statement showed that the solicitors proposed making deductions from the sale proceeds su...

10. Memorandum of Counsel in response to Court Minute on conditions 24 August 2018 [pdf, 153 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of direct referral of an application under s87G of the RMA for resource consents for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND (ENV-2018-AKL-000078) Applicant AND AUCKLAND COUNCIL Regulatory Author