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1. Fehling v Appleby (Strike-Out Application) [2013] NZHRRT 19 [pdf, 54 KB]

   ...embarking upon a detailed consideration of the at times intricate arguments presented by the parties. Background circumstances [3] In their submissions both parties have assumed that the Tribunal is aware of certain “facts” even though the statement of claim and statement of reply respectively are somewhat economic documents. Both do, however, refer explicitly to the decision of the Tribunal in Fehling v South Westland Area School [2012] NZHRRT 15 (6 July 2012, RPG Haines QC Chair...

2. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...Thus we find that the appeal by Ms Brown should be restricted to a consideration of whether or not there were sufficient grounds under s.89 to make a finding that a complaint be considered by the Disciplinary Tribunal.” [6] Also, we reiterate statements we made in Miller v The Real Estate Agents Authority and McAtamney [2002] NZREADT 25 at paras [32], [33], [35] and [36] as follows: “[32] We are conscious that, under s.74 of the Act, any person may make a written complaint to...

3. [2019] NZEnvC 136 Federated Farmers of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 9.5 MB]

   ...under the RMA .. ...... ..... .. .. ..... ... ............. .. .... ... ....... .. .. 18 Statutory authority for rules ... .............. ............ ....... ....... .. .. .... ..... ..... ........... .. ........ .......... . 18 National Policy Statement Freshwater Management.. .... .. .. ............... .. .. .. ......... .... .. ..... .. .. 18 Statutory Instruments, Objectives and Policies .... .. .. .. ...... .... .. .... .. ........... .. ........ ... ....... .. ... 22 PART 3 -THE...

4. 2021-04-11 - Evidence Summary - Christina Bright 12 April 2021 [pdf, 307 KB]

   ...acknowledge the comments at paragraphs [4] to [9] of the Primary Sector JWS, and that allocating water based on efficient use may encourage or promote the upgrade of less efficient systems. In my opinion this cannot be achieved under a short 6 year consent term. Therefore, I now believe assessments of efficient water use are relevant only where Schedule 10A.4 does not represent historical water use. (c) Aqualinc is an appropriate assessment tool to demonstrate efficient water vo...

5. [2025] NZEmpC 191 Cunningham v healthAlliance NZ Limited [pdf, 209 KB]

   ...ordinary way.2 [5] The Court may allow evidence to be given by AVL in civil proceedings including for the appearances of a party and witness. However, before such an order is made, the Court must take into account whether or not the other party consents and it must have regard to the criteria set out in s 5 of the Courts (Remote Participation) Act 2010.3 The criteria are: (a) the nature of the proceeding: (b) the availability and quality of the technology that is to be used:

6. [2017] NZEnvC 193 Doctors Flat Vineyard Ltd v Central Otago District Council [pdf, 4.5 MB]

   ...Date of issue: 30 November 2017 FINAL DECISION A: Under section 290 Resource Management Act 1991 the Environment Court: (1) allows the appeal (in part) and cancels the Central Otago District Council's decision (in part); (2) refuses consent to establish a residential building platform on the proposed Lot 6; (3) grants consent: (i) to subdivide an allotment of land comprising 14.64 hectares (or thereabouts) into five separate titles; and (ii) establish four residential...

7. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

   ...was a partner (Stevens Orchard) had some reliable retired couples on their books who could act as house-sitters when in fact that firm had never had any books which listed house-sitters. 3 [4] Particulars supporting the charge included a statement that it was not in fact common practice in Nelson to place a house-sitter in a vacant estate property on a rent-free basis until such property was sold. In his formal response to the charge, Mr Webb admitted all the particulars, ex...

8. E1 Rod Marler Corporate EIC Applicant [PDF, 1.3 MB]

   ...Project Sponsor, on behalf of Panuku, for the Transform Onehunga and Unlock Panmure projects. 0002 2 1.6 I have been the Project Director on behalf of Panuku for the 36th America's Cup (AC36) project and have accountability for the consenting and delivery of the physical infrastructure necessary to host the America’s Cup in 2021. In this role I have led the work on behalf of the Auckland Council family developing and assessing options to agree a preferred location i...

9. ENVC Hearing 27Jul15 WML suppl evidence Philip Wardale [pdf, 82 KB]

   ...Fax: 09 309 6667 Email: richard@brabant.co.nz/jeremy@brabant.co.nz 1 Introduction 1. My full name is Philip Harry Wardale. I have the qualifications and experience set out in my evidence-in-chief dated 29 April 2014. 2. This statement of evidence has been prepared in accordance with the Code of Conduct for Expert Witnesses. 3. I have prepared the evidence under headings which identify the issues and topics that I wish to address. These topics are: (a) Revised...

10. Mercury NZ Limited 96.pdf [pdf, 204 KB]

    ...time what the “environmental gains” required by PC 1 are. Given the long term and collective nature of PC 1’s approach to environmental improvements, this could be difficult for a single applicant to establish in the context of a specific consent application. Moreover, this qualification is unnecessary given Policy 12(b) already states that the purpose of the offsetting or compensation is to achieve “positive effects on the environment”. This reference to “positive ef...