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1. Hearn v Parklane Investments Limited [pdf, 105 KB]

   ...Body Corporate was therefore declined. Summary of Facts 1998: Parklane divided the land into two sites and had two built units on each. Units 2A and 2B were on one, while units 2C and 2D were on the other. Although the two sites had separate consent numbers, both projects were undertaken at much the same time and were treated as one. The subject dwelling is Unit 2C 1 Dec 1998: Mr Liu (sixth respondent now removed) applied to the Council for a building consent for two new houses...

2. 2021-04-21 Minute - PC7 - Court's questions for conferencing [pdf, 146 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...

3. [2024] NZEnvC 042 Nelson City Council v Senk [pdf, 191 KB]

   ...Ms Alderson visited the property. Ms Alderson 5 advised Ms Senk and Mr Newey that the Building was located over the sewer main in breach of REr.34, and the Building would need to be moved or removed or they would need to apply for resource consent to authorise the Building. [6] Ms Alderson’s affidavit sets out the steps taken to encourage compliance with the NRMP and RMA: (a) on 17 October 2022, on behalf of the Council, Ms Alderson sent an email to Mr Newey with a directio...

4. [2007] NZEmpC WC 8/07 Service and Food Workers Union Inc v OCS Ltd [pdf, 73 KB]

   ...this clause and shall be paid the appropriate rate as set out in paragraph (c) of this clause. [27] Clause 14(c) sets the hourly rates for part time employees. [28] Clause 14(b) also provides for a “permit” system which enables the union to consent to the employment of part time workers for specified weekly and daily minimum hours. Once these hours are set there can be no reduction in the permit hours of work of an individual without the prior consent of the union. Clause 14...

5. E92 Joe Phillips - Traffic and Transportation - RE – Applicant [pdf, 14 MB]

   31050383_2.docx BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority REBUTTAL EVIDE...

6. [2018] NZEnvC 225 Royal Forest and Bird Protection Society Incorporated v Canterbury Regional Council [pdf, 3.8 MB]

   ...Regional Council issued a so-termed "Advice Note", by way of response to what it called the "unintended consequences"2 of the change of land use rules for normal or bona fide dryland farming practices. The Advice Note includes some statements of how the Regional Council approaches compliance with the change of land use rules that the Interim Decision records as being in conflict with a proper legal interpretation of those rules. Specifically, it records a positio...

7. Kai Tahu Ki Otago - EiC - E Ellison - Culture (5 Feb 2021) [PDF, 1.3 MB]

   ...section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant AND TE RŪNANGA O MOERAKI, KĀTI HUIRAPA RŪNAKA KI PUKETERAKI, TE RŪNANGA O ŌTĀKAU AND HOKONUI RŪNANGA (collectively KĀI TAHU KI OTAGO) Submitters STATEMENT OF EVIDENCE OF EDWARD ELLISON Culture 5 February 2021 Barristers & Solicitors Simpson Grierson J G A Winchester / S K Lennon Telephone: +64-4-924 3503 Facsimile: +64-4-472 6986 Email: james.winchester@simpsongri...

8. [2018] NZEnvC 120 Jayashree Limited v Auckland Council [pdf, 207 KB]

   ...generating any adverse effects on the environment and is not likely to generate such and is therefore not contrary to s 322(1)(b) RMA. [4] The appeal sought cancellation of the notice. [5] A stay of the abatement notice was sought, and granted by consent in the short- term. [6] The delays in reaching a hearing of this appeal have been occasioned by the parties having agreed that this Court should await the outcome of proceedings in the High Court concerning matters under the Resi...

9. Hastings District Council - Waipuka B1C2 (2002) 166 Napier MB 106 (166 NA 106) [pdf, 164 KB]

   ...the basis that the land was to be transferred by the Trustees to the Council at a value fixed by arbitration. 15. The arbitrator determined the level of compensation to be $280,000.00 plus GST. 16. Subsequently the land was declared road with the consent of the trustees by declaration under S 114 Public Works Act 1981 in order to give effect to the arbitration agreement. 3.3 The arbitration agreement referred to in paragraph 14 above between the Hastings District Council and the Trust...

10. King Country Energy Limited.pdf [pdf, 232 KB]

    ...sub-catchment, FMU, or catchment scale. DoC considers that this will not result in achieving the objective of the plan, or Te Ture Whaimana. As such, DoC seeks to retain policy 12 with the following amendments: “a. When considering resource consent applications for point source discharges of nitrogen, phosphorus, sediment and microbial pathogens to water or onto or into land in the Waikato or Waipā River catchments, require demonstration that the proposed discharge represents the B...