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1. [2019] NZEnvC 207 Archibald v Christchurch City Council [pdf, 1.1 MB]

   ...13 December 2019 Appearances: G Todd & L Pankhurst for the appellant B Pizzey for the respondent Date of Decision: 20 December 2019 Date of Issue: 20 December 2019 DECISION OF THE ENVIRONMENT COURT A: Appeal is upheld and the resource consent is granted subject to the revised conditions marked Annexure "A" and the plans marked "1", "2", "3' and "4", attached to and forming part of this decision. B: Costs are reserved, but no...

2. 2023-09-26-SOE_Kerry-Pearce_Erosion-and-Sediment-Control.pdf [pdf, 167 KB]

   IN THE ENVIRONMENT COURT WELLINGTON REGISTRY I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ROHE ENV-2023-WLG-000005 UNDER the Resource Management Act 1991 IN THE MATTER the direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project BY WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY Applicant STATEMENT OF EVIDENCE OF KERRY STEWART PEARCE ON BEHALF OF THE

3. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...inflated shortly before the transfer. Pacific is taking the position that the inflated records are incorrect, whereas Mr Matsuoka in the Employment Court proceedings appears to be taking the position that the inflated figures are correct, that he consented to them and therefore they are binding on LSG. I accept Mr Pollak’s contention that that does create, on the face of it, conflict in terms of rule 6.1. [26] As an alternative argument, Mr Drake submitted that if rule 6.1 app...

4. [2019] NZEmpC 55 Samuels v Employment Relations Authority [pdf, 148 KB]

   ...April 2019. Failing that, the application by Ms Catran, counsel assisting the Court, to strike out parts of the statement of claim, would be progressed and determined on the papers. [2] By memorandum dated 9 May 2019, the applicant has consented to the strike- out and agrees that the only ground of review that can proceed is breach of natural justice as set out in the fifth amended statement of claim. By consent, all other causes of action are struck out. [3] The Registra...

5. ORC - EIC - Felicity Boyd - 15 October 2021 [pdf, 1.7 MB]

   ...significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL Applicant STATEMENT OF EVIDENCE OF FELICITY BOYD ON BEHALF OF THE OTAGO REGIONAL COUNCIL PRIMARY SECTOR PROVISIONS: PARTS A, B AND C 15 October 2021 Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 T...

6. E100 Jon Styles - Noise and Vibration - RE - Council [pdf, 645 KB]

   ...infrastructure and related activities associated with holding the America’s Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000078) Applicant AND AUCKLAND COUNCIL Regulatory Authority STATEMENT OF REBUTTAL EVIDENCE OF JON STYLES ON BEHALF OF THE AUCKLAND COUNCIL (NOISE AND VIBRATION EFFECTS) Dated 4 September 2018 BROOKFIELDS LAWYERS M C Allan Telephone No. 09 979 2128 Fax No. 09 3...

7. [2017] NZEnvC 216 Mackenzie District Council [pdf, 9.2 MB]

   ...was primarily about subdivision and residential development in the Mackenzie Basin . But another issue was the greening of the landscape 'caused by irrigation' and other changed farming practices. PC 13 as notified added to the existing statement of issues about "Landscape Values" a number of further issues including1 the statement that: Another issue associated with retaining values olthe Basin is the extent to which add itional irrigation wi ll "green"...

8. Fish & Game – EiC – B Farrell – Planning (5 Feb 2021) [pdf, 1.2 MB]

   ...Ōtautahi Rohe ENV-2020-CHC-127 Under the Resource Management Act 1991 In the matter of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago Otago Regional Council Applicant Statement of Evidence of Ben Farrell for the Otago Fish and Game Council and Central South Island Fish and Game Council 5 February 2021 Section 274 party's solicitors: Maree Baker-Galloway | R...

9. [2012] NZEmpC 187 Kilgour v Queens High School Board of Trustees [pdf, 133 KB]

   ...of the employee and when the employee raised the grievance within the meaning of subsection (2). [19] The action of the Board alleged to amount to the bargaining opportunity grievance was summarised by Mr Kilgour’s advocate, Bill Clark, in the statement of problem lodged with the Authority: By repeatedly failing to promulgate the terms and conditions of negotiated SSCAs 2 as instructed by the minister, or to make the Applicant aware of the applicability of the SSCA to his terms...

10. Phon & Anor v Waitakere City Council [pdf, 82 KB]

    ...failure by those involved in construction to follow the plans as drawn, the technical literature or accepted building practices. 3. The claimants oppose the application for removal on the basis that if the allegations as contained in the amended statement of claim are accepted as correct then there is an arguable claim against the Council and the designer. Mr Rainey on behalf of the claimants also submits that the claimants’ experts support the allegations contained in the...