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...the referrer accepts was not due, and accordingly there can be no adverse inference against the complainants; and [6.3] No demands are to issue that are inconsistent with this full and final settlement. [7] The Tribunal dismisses the complaint, by consent, pursuant to section 50(a). DATED at WELLINGTON this 10 th day of March 2014 ___________________ G D Pearson Chair
...this proceeding. Application for costs [7] The Council incurred costs of $83,954.08 (GST inclusive). This includes Mr Maassen’s attendances since the appeal was filed, together with costs incurred by external experts who had prepared will say statements, participated in caucusing and the preparation of a joint witness state, and prepared statements of evidence. The application was accompanied by invoices submitted to the Council, which the court has considered. [8] The Counc...
...removal of rubbish from the premises. The vendors approved some cleanup accounts and these were paid from the fund. [7] There was a cleanup account from Metrowaste that remained unpaid at the time it was invoiced due to delays in obtaining the consents of each of the two vendors for its payment. In July 2008 the lawyers for each of the vendors emailed their clients‟ consent to the balance of trust fund being applied to the Metrowaste account. However, the firm took no ste...
...Court: Environment Judge J A Smith sitting alone under s 279 of the Act Last case event: 9 June 2023 2 Date of Order: 21 June 2023 Date of Issue: 21 June 2023 _________________________________________________________________ CONSENT DETERMINATION _________________________________________________________________ A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeals are allowed in accordance...
...has only challenged those parts of the determination unfavourable to her. [2] There was a subsequent determination of the Authority on costs dated 24 February 2015. 2 Ms Dent’s pleadings in the matter are now contained in a third amended statement of claim dated 27 August 2015. In the second statement of claim, Ms Dent included a challenge to the costs determination that has been carried through in a different form into the third amended statement of claim. It is appropri...
...May 2021 DECISION OF THE ENVIRONMENT COURT A: The appeal is declined. B: Costs are rese1ved. <OMBI PROPERTIES LIMITED V AUCKLAND COUNCIL 2 REASONS Introduction (1] The appellant, Kombi Properties Limited ('Kombi') sought consent from Auckland Council ('the Council') to establish 17 two storey units to be used for a mix of industrial, residential and ancillary office activities on land located on a coastal site in Takanini which is zoned for light i...
...find favour as the proposed cond itions were not amended. [23] Access aside, the conditions proposed by the appellant may not have been approved by the court given our general concern with the technical evidence. Put another 13 At [35]. 14 Statement of Facts and tssues dated 14 December 2014. 7 way, it is by no means certain this was a consentable proposal and so I have not given weight to the argument that there was a failure to explore settlement options. Evidential inadeq...
...use the farm as a milking platform. They were motivated to bring this proceeding following an exchange of correspondence and meetings with Canterbury Regional Council (‘the Regional Council’) staff, having been advised that further land use consent would be required under the NES-F before the plans could be brought into fruition. They were advised that there would be no certainty of being granted that further land use. [3] The application is made pursuant to ss 310(c), (d),...
...solicitors acting on behalf of the liquidators of Takimano Ltd, advising that as the company is in liquidation, proceedings brought against the company or in relation to property held by the company are statute-barred unless the liquidator’s consent to the proceeding or the High Court makes orders making provision for those proceedings. [4] They confirm that the liquidators have not consented to these proceedings being brought and there have been no High Court orders permitting th...
Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 462 0423 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF applications for resource consents and notices of requirement in relation to the Ōtaki to North of Levin Project BY WAKA KOTAHI NZ TRANSPORT AGENCY