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1. [2022] NZEnvC 220 Chen v New Zealand Transport Agency - Waka Kotahi [pdf, 662 KB]

   ...constructability criteria. (b) For the westbound secondary turnaround facility, Option 4 (601 SH16) was identified as the preferred option given it scored best against the critical success factors such as safety, transport, constructability and consentability, and scored positively against other categories such as urban design and social effects. It was considered that any potential adverse effects on the environment due to this turnaround could be appropriately managed and m...

2. [2017] NZEnvC 197 Marine Farming Association Incorporated v Marlborough District Council [pdf, 3.4 MB]

   ...Court: Environment Judge J J M Hassan Environment Commissioner C J Wilkinson Hearing: in Chambers at Christchurch Date of Decision: 7 December 2017 Date of Issue: 7 December 2017 DECISION A: The appeal is allowed to the extent that resource consent U140566 is granted subject to the modification to the specified expiry date set out at [48]. B: The appeal is otherwise dismissed. C: Costs are to lie where they fall. REASONS Introduction [1] On 31 January 2017, Marlborough Di...

3. Mao v Howitt [pdf, 60 KB]

   ...not participate in the adjudication process and I have drawn the inference from that that he accepts liability to them. 5.2 Mr Howitt was the owner of the property and the builder of the dwellinghouse. He signed the application for building consent dated 17 January 1995 showing himself as the builder. The drawings for the dwelling describe the project as "Howitt house". 5.3 The obligation under s7(1) of the Building Act 1991 (then applicable) was: "(1) All...

4. [2018] NZEnvC 083 Willowridge Developments Ltd v Queenstown Lakes District Council [pdf, 11 MB]

   ...Decision: 31 May 2018 Date of Issue: 31 May 2018 INTERIM DECISION A: Subject to B, under section 290 Resource Management Act 1991 ("RMA") the Environment Court provisionally cancels the Council'S decision and grants a more limited consent as follows: (1) subdivision and development of Lots 4 to 7 is appropriate after considering all the appropriate matters; and (2) subdivision of Lots 1 to 3 as sought is refused; and WDl v OlDC - INTERIM DECISION 2 (2) sub...

5. E6 John Goodwin - Natural Character, Landscape and Visual Amenity - EIC - Applicant [PDF, 9 MB]

   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 an application 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 EVIDENCE OF JOHN LEWIS GOODWIN ON BEHALF OF PANUK...

6. [2021] NZEnvC 021 Royal Forest & Bird Protections Society Incorporated v Northland Regional Council [pdf, 1.3 MB]

   ...non-complying even within Regionally Significant Infrastructure (RSI) areas, which provision had not been included previously. The Commissioners’ mapping decision is shown on Annexure B. [6] Forest & Bird filed an appeal seeking only the reinstatement of the SEA in this area, marked black on Annexure C and did not seek the removal of other overlays, including the MPPZ or the SEA, for example. It did appear to the Court that, given the original notified version had no por...

7. Shaw - Tauwhao Te Ngare (2005) 81 Tauranga MB 8 (81 T 8) [pdf, 3.7 MB]

   ...reservation was gazetted on 23 June 1966. The application was made upon the grounds that a roadway over Rangiwaea 1A1 and 1A2C to the new wharf on Rangiwaea 1A2C had been agreed at a meeting of owners of 25 May 1973. Ihipera Tawhiti gave written consent to the roadway application by letter dated 22 August 1975. On 11 March 1976 the Court received the written consent of a group referred to as the "advisory trustees" of Rangiwaea lAl Reservation. The consent also stated th...

8. Pratt v Opel Security and Police [2012] NZHRRT 21 [pdf, 38 KB]

   ...mediation process under that Act. [4] Mr Pratt then filed the present proceedings on 13 August 2012. He is seeking a written apology from both defendants and reimbursement of the cost of his ticket. At the present time both defendants have filed statements of reply but no other steps have been taken. The application for referral to Human Rights Commission for mediation [5] By application dated 10 September 2012 the Commissioner of Police applied for a direction referring Mr Pratt...

9. [2018] NZEmpC 64 Nel v ASB Bank Ltd [pdf, 252 KB]

   ...accordingly be unfair for the assertions to be published. Counsel are also agreed that there are, in addition, a range of personal, family and reputational reasons affecting Mr Nel which strongly support the making of the non-publication order by consent. [5] I have considered the material involved, and I am satisfied that these grounds meet the threshold for the making of such orders, as discussed by the Court in Crimson Consulting Ltd v Berry.2 In circumstances where this evide...

10. 7 November 2018 Cable Bay Wines Limited v Auckland Council [pdf, 129 KB]

    ...address:Janice.King@justice.govt.nz ENVIRONMENT COURT CX10086 PO Box 7147 Auckland Telephone: (09) 916 9091 Facsimile: (09) 916 9090 EC4180_NoticeOfHearing 1. Topic: Topic Number: SCHEDULE OF PROCEEDINGS An appeal against a decision refusing consent to establish an existing structure ('The Verandah') and the use of 'The Verandah' as part of the restaurant & function facility at Cable Bav Vinevards ENV-2018-304-000007 i. Cable Bay Wines Limited v...