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1. 2021-04-21 Minute - PC7 - Court questions for conferencing [pdf, 749 KB]

   ...Attached to the Minute and labelled Annexure 1 are the court’s questions for witnesses participating in expert conferencing on the topic of Schedule 10A.4. [3] All questions pertain to the version of the plan change attached to the Joint Witness Statement dated 8 April 2021. These questions are in addition to any 2 matters in dispute as between the participating witnesses. Expert Conferencing: Controlled activity and restricted discretionary rules [4] The court invites the...

2. Dr Phil Ross - Evidence in Chief [pdf, 1.1 MB]

   ...ecological effects 4.3 In my opinion, it is somewhat pointless to asses~ the effects of the proposal against either the pre-Rena or current environment from an ecological perspective. These environments are not the alternative futures to the consented wreck. There are several possible future environments depending on the outcome of this _hearing. The three alternatives I have used for my assessment are: (a) a consented wreck (the proposal) ; (b) a non-consented wreck; and (c)...

3. [2023] NZEnvC 242 New Zealand Transport Agency v Auckland Council [pdf, 21 MB]

   Civil v Auckland Council & Waka Kotahi IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 242 IN THE MATTER OF appeals under section 120 the Resource Management Act 1991 AND appeals under section 174 of the Resource Management Act 1991 BETWEEN WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY (ENV-2021-AKL-000040) DIANNE CIVIL (ENV-2021-AKL-000042) (ENV-2021-AKL-000095) DIRECTOR-GENERAL OF CONSERVATION

4. [2012] NZEmpC 80 Premier Events Group and Anor v Beattie and Ors [pdf, 64 KB]

   ...continuation of that proceeding against it of either the liquidator or the High Court means that the claim cannot proceed against it. [5] On 5 October 2011 the solicitors for Messrs Beattie and Regan filed what is entitled a “Second Amended Statement of Claim dated 5 October 2011”. This followed, by only a matter of days, the filing of predecessor documents, a marked up second amended of claim dated 1 October 2011 and, at the same time (on 3 October 2011), an unmarked versio...

5. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   ...Development, FWSCE”. It was dated 9 February 2010. Mr Gollins also signed it and the front of the agreement was dated 9 February 2010. [16] The evidence of Mr Lash (denied by Mr Price) was that sometime at or around this time Mr Price made a statement to Mr Lash saying that he did not like Mr Gollins and he was not going to be paying his fee. [17] Mr Lash was adamant that he did not agree with this stance but said that he was instructed by his superior to prepare a further email...

6. LCRO 19/2016 OW v PG (29 September 2017) [pdf, 292 KB]

   ...having acted in many legal matters involving the plaintiffs manager who was the instructing agent. [LMN] disputes the findings of certain critical facts in her separate resume identifying the findings challenged and the reasons in the attached statement. The evidence supports a finding of unsatisfactory conduct. [LMN] should not have been there. [AR’s] on learning what had happened should have withdrawn [LMN] from the proceedings with or without agreement on the basis. The tec...

7. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

   ...OPENINGS 31 10 DECKS 34 11 BALUSTRADES 36 12 ROOFING 39 13 QUANTUM 40 14 OTHER CLAIMS 41 Earlier repairs 41 Experts’ Reports 42 Architects Fees 43 CAR Insurance 44 Consent Fees 44 Interior Painting 45 Exterior Painting 45 Garden Restoration 55 Interest 55 15 STIGMA CLAIM 58 16 CONSEQUENTIAL LOSSES 63 17 STEPHEN LAY 66 18 THE ARCHITECT...

8. [2018] NZEnvC 067 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 14 MB]

   ...sea birds or other marine mammals, shall be part of the investigation and reporting undertaken in accordance with Methods 19A and 19M of the Plan, taking into account the values already recognised and provided for in terms of the Regional Policy Statement and Plan. Those in Exhibit 8 are broadly acceptable, subject to finalisation. B: The biodiversity, natural character and cultural values of an area in the CMA are able to be recognised by multiple methods under both the RMA and oth...

9. 2018 NZEnvC 067 - Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Interim Decision of the Environment Court - 11 May 2018 [pdf, 14 MB]

   ...sea birds or other marine mammals, shall be part of the investigation and reporting undertaken in accordance with Methods 19A and 19M of the Plan, taking into account the values already recognised and provided for in terms of the Regional Policy Statement and Plan. Those in Exhibit 8 are broadly acceptable, subject to finalisation. B: The biodiversity, natural character and cultural values of an area in the CMA are able to be recognised by multiple methods under both the RMA and oth...

10. 2023-07-19-DR-2023-5-NZTA-WK-re-witness-conferencing.pdf [pdf, 481 KB]

    ...during the course of the 2 weeks of conferencing that may require attention and I remain flexible to accommodate these if indeed they occur. WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY­ O2NL PROJECT 2 [2] Directions a. Section 274 Will Say statements are to be filed at least 2 working days in advance of the relevant witness conference. The only exception to this is that the JJVIL transport statement can be filed up until 21 July 2023. b. Experts being called by the 4 Council...