Search Results

1. 21 December 2021 Hutt City Council [pdf, 47 KB]

   ...proposals for the use of other supplementary sources of information or aids to understand the issues. (i) Any proposals for a timetable for parties to deliver documentation to other parties, prior to the hearing of the proceedings, for example any statements of evidence they propose to give or call. (j) Any suggestion about the time and place of the hearing, the procedures to be followed at the hearing and the likely duration of the hearing. (k) Any other matters on which ar...

2. [2022] NZEnvC 226 Wellington City Council v Liffey Street Limited [pdf, 294 KB]

   ...applied for an interim enforcement order against Liffey Street Limited (LSL) and Kumar Vasist (Mr Vasist) in respect of activities being undertaken by them on a property at 27 Liffey Street, Island Bay, Wellington (the site). LSL holds a resource consent allowing it to undertake residential development on the site (the resource consent) and Mr Vasist is LSL's site manager. [2] The application for interim enforcement order was accompanied by an affidavit from Mr N Kumar, a Sen...

3. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...and submitted to the Court. (2) For the purposes of this section- (a) parentage tests may be carried out by any person or persons who are qualified to do so, whether or not any of them is the person by whom the report is compiled; and (b) The consent of a minor who has attained the age of 16 years to submit to parentage tests shall have the same effect as the consent of a person of full age." [29] Section 57 provides: "57 Refusal of parentage tests (1) In any civil proc...

4. Roborgh v Lay [pdf, 303 KB]

   ...31 9 WINDOW AND DOOR OPENINGS 32 10 DECKS 35 11 BALUSTRADES 37 12 ROOFING 40 13 QUANTUM 41 14 OTHER CLAIMS 42 Experts’ Reports 43 Architects Fees 43 CAR Insurance 44 Consent Fees 44 Exterior Painting 45 Curtain Cleaning 55 Carpet Cleaning 55 Interest 55 15 STIGMA CLAIM 58 16 GENERAL DAMAGES & CONSEQUENTIAL LOSSES 63 17 STEPHEN LAY 67 18 THE ARCHIT...

5. [2013] NZEmpC 220 Puna Chambers v Christensen [pdf, 44 KB]

   ...plaintiff’s status. However, there is no dispute as to the key issue and that is that the plaintiff does not intend to take any steps to prosecute its challenge. The plaintiff is aware of the consequences of a strike-out and while it does not consent to the application, it does not actively oppose it. [6] The defendant should not be subject to proceedings which will not be actively pursued against her. She is entitled to have a degree of finality. [7] I am satisfied that, in th...

6. [2020] NZEnvC 009 Maypole Environmental Limited v Kapiti Coast District Council [pdf, 7.2 MB]

   ...lodged an al against various decisions of Kapiti Coast District Council (Council) on the 2 Proposed Kapiti District Plan 2012 (the PDP). The Director-General of Conservation lodged as 274 notice to become a party to the proceedings. [2] A consent order has been issued recording the parties' agreement on amendments to the Heritage Chapter provisions and resolving the aspects of the appeal concerning Heritage Chapter matters. [3] The parties attended Court assisted mediatio...

7. Berry & Ors as Trustees of the Burns Berry Trust v Lay [pdf, 301 KB]

   ...OPENINGS 33 10 DECKS 35 11 BALUSTRADES 37 12 ROOFING 39 13 QUANTUM 41 14 OTHER CLAIMS 42 Bathroom Repairs 42 Experts’ Reports 43 Architects Fees 43 CAR Insurance 44 Consent Fees 44 Exterior Painting 45 Replace Carpet 55 Garden Restoration 55 Curtain Cleaning 56 Storage Costs 56 Interest 57 15 STIGMA CLAIM 61 16 GENERAL DAMAGES 66...

8. [2024] NZEnvC 320 New Zealand Transport Agency - Waka Kotahi [pdf, 1.4 MB]

   ...witnesses in condition reconsideration. Further, the Court requires the planners to revisit their evidence and its conclusions on evaluating the Project and its conditions against the planning documents. That could be done individually or by Joint Witness Statement giving reasons. [1191] We suggest that NZTA and the Regional and District Councils confer on the issues, with Forest and Bird also having the opportunity to comment on any proposed revisions to the conditions. [1192] It wo...

9. Hemi v Ritchie - Whaanga 1D1D Roadway (2025) 282 Waikato Maniapoto MB 9 (282 WMN 9) [pdf, 745 KB]

   ...roadway, while the rights of the HWT to a declaration and permanent injunction are substantively determined.16 I granted the interim injunction on 21 December 2020.17 [22] Following engagement between the court and parties I directed a joint statement of issues be agreed to crystallise the issues for determination regarding the HWT application. On 5 April 2023 the statement of issues was filed:18 Preliminary Issues 1. By virtue of the decision of this Court in Donaldsons v Hemi Wh...

10. [2021] NZEnvC 065 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 576 KB]

    ...Society ef New Zealand Incorporated v Northland Regional Council [2021] NZEnvC 021. 3 were no further alterations to the plan required or directed by the Court, with the intent that works within the SEA zone, even in the MPPZ, will .require consent as a non-complying activity. [6] This decision concerns the application for costs filed by Forest & Bird against Northport. Northport opposes the costs application. Costs in the Environment Court [7] Under s 285 of the Act the...