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1. [2019] NZEnvC 185 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 255 KB]

   ...decision that it addresses the removal or damage of all flora and fauna within certain identified areas for the purpose of preserving biodiversity. [9] These particular areas themselves are identified in terms of various regional plans and policy statements and values and attributes have been well identified in respect of them. This is covered in some detail within the decision. It is clear that the subject matter of this decision and the associated declaration decision just issue...

2. 2021-06-28 Notice of PHC - PC8 [pdf, 166 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...

3. Iwi of Hauraki [pdf, 278 KB]

   ...quality and the exercise of kaitiakitanga increase the spiritual and physical wellbeing of iwi and their tribal and cultural identity. 3.11.2 Policies Amend the policies to address the matters raised in this appeal, including not limiting consent durations on tangata whenua ancestral lands, and as below. Policy 10 Reinstate paragraphs a-d from Policy 7 as originally notified and with amendments to paragraph b consistent with the matters raised in this appeal. P...

4. [2021] NZEnvC 070 Seafort Holdings Limited v Far North District Council [pdf, 1.3 MB]

   ...Holdings Llmited (Seafort) has filed an appeal under s 358 of the Act with the Court. The appeal on its face relates to "the unreasonable charges for unnecessary work undertaken by the Far North District Council (Council) to process a resource consent". The attached documents do not assist the Court in a better understanding of the issues in the case. [2] Given the section under which the appeal was made was not specified, it was 3 left for the Court to try and determi...

5. OIA-123428.pdf [pdf, 1.1 MB]

   ...issue, and Parliamentary Counsel Office (PCO) to develop solutions, and we now seek your direction on how you wish to progress. 4. The Bill seeks to address the issue of children under 12 years of age being questioned in sexual violence cases about consent, by aligning the penalties for Sexual conduct with a child1 and sexual violation2, so that both charges have a maximum penalty of 20 years. This change has been widely supported. 5. The Law Society has identified a discrepancy where...

6. Sandy v Khan LCRO 181 / 2009 (25 December 2009) [pdf, 106 KB]

   ...negligible risk that the lawyer may be unable to discharge the obligations owed to 1 or more of the clients. 6.1.1 Subject to the above, a lawyer may act for more than 1 party in respect of the same transaction or matter where the prior informed consent of all parties concerned is obtained. 6.1.2 Despite rule 6.1.1, if a lawyer is acting for more than 1 client in respect of a matter and it becomes apparent that the lawyer will no longer be able to discharge the obligations owed to...

7. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...their block from Pohue Creek Road over the Waiomu 3B2B2B3B1B Block (“1B”). By the time of the final hearing of this matter on 24 July 2015, it was clear that an overwhelming majority of the 1B owners who participated in a vote on the matter consented to access being granted to the B2 owners. The only question was what compensation would be required of the B2 owners. [2] At the end of the hearing on 24 July 2015 I gave my decision, indicating that an access order would be made...

8. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...her communications with Ms AF were protected by professional privilege, the Committee said it “had no information about what lay behind” Ms SE’s request of the trust’s lawyer. (2) Undertaking [22] In the Committee’s view, Ms SE’s statement in her 23 December 2013 letter to the trust’s lawyer she would “write a letter” was not an undertaking, and therefore her failure to write the letter was not a contravention of rule 10.3. Application for review [23] Mr CK fil...

9. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...authorities between 1996 and 2010. During 2001/2002 when the claimants’ house was built Mr Flay established a building consultancy that contracted to North Shore, Manukau and Franklin Councils. Mr Flay’s duties included processing building consents, undertaking inspections, and setting up and administering the process for the issuing of consents from/by certifiers, filing monthly certifier reports and filing of code compliance certificates. For most of 2002 Mr Flay was empl...

10. E89 Grant Calder - Event Management - RE – Applicant [pdf, 3.9 MB]

    31074303_3.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...