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1. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...Mr Wilton himself, as a structural engineer and director of Wilton Joubert Ltd, the sixth respondent. The design work, plans and specifications were undertaken in 2009. The architect, as agent for the claimants, made application for building consent which was granted on 28 January 2010. The built date has been determined as 2 September 2011. [6] Cracking to the exterior plaster and paint finishes was first noted on the north exterior wall in 2012,1 and again in 2013 “small cr...

2. 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...

3. ENV-2018-AKL-000150 Brookby Quarries Limited v Auckland Council [pdf, 8.3 MB]

   ...1.5. Documents relied on ............................................................................................... 6 2. Changes to objectives and policies ............................................................................... 7 2.1. Statement of issue .................................................................................................. 7 2.2. Panel recommendation and reasons....................................................................... 7 3. Vegetatio...

4. [2023] NZEnvC 180 Drinnan v Selwyn District Council [pdf, 312 KB]

   ...advised that SCGM 2022 included a capacity assessment which took into account the Selwyn District Proposed District Plan (‘PDP’) zoning and rules, MDRS/variation 1, proposed additions to the Urban Growth Overlays, SHAs20 and approved Fast Track consents and operative (or treated as operative) private plan changes. It also identified plan enabled, commercially feasible, infrastructure served and reasonably expected to be realised capacity in accordance with the NPS-UD 2020, as w...

5. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ...environmental standards are regulations made by Order in Council. The process for preparing national direction (which includes national environmental standards) is set out in section 46A – 52 of the RMA. In contrast to local authority policy statements and plans, there is no right of appeal to the Environment Court against a decision by the Minister for the Environment on national environmental standards. Sections 43B, 43C, 43D, and 43E RMA deal with the relationship between nati...

6. Environment Court of New Zealand Annual Review 2017 [pdf, 1.4 MB]

   ...remained at a good level during 2017. In the 2017 calendar year 390 new cases were lodged, and 238 were resolved in ways which will be described in the next section of this review. The two largest categories of cases were appeals against decisions of consent authorities and appeals on proposed policy statements or plans. Other classes of action included appeals against decisions of requiring authorities, applications for enforcement order, and notices of objection to intention to ta...

7. 2021-05-24 NPSFM s32 Evaluation [pdf, 1.9 MB]

   ...2.0 STATUTORY CONTEXT ........................................................................ 8 2.1 Purpose and principles of the RMA ................................................................................ 8 2.2 Developing national policy statements and standards .......................................... 9 2.3 Combined process for National Direction ................................................................ 10 2.4 Te Tiriti o Waitangi / Treaty of Waitangi .....................

8. Tabram v Slater [pdf, 99 KB]

   ...Technologies Limited (“MPTL”). The claimants make no claim against MPTL. [2] The timeline relevant to this claim is as follows: • February 2001- Arran Slater applied to the Rodney District Council (“the Council”) for building consent. • 21 June 2001 – Building consent issued by the Council. • June 2001 to May 2004 – The period of construction. During this time Approved Building Certifiers Limited (“ABC”) carried out inspections and issued a buildi...

9. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) - Appendix A [pdf, 366 KB]

   Rockburn Wines Limited  RM20.003.01  Decision Report Rockburn Wines Limited RM20.003.01 Resource Consent Applications to Otago Regional Council 6 October 2020 Rockburn Wines Limited  RM20.003.01  Table of Contents 1  Introduction  3  2  Appointment  3  3  Process Issues  3  3.1  Notification, submissions, written approvals and pre-hearing meetings  3  3.2  Section 92 r...

10. [2024] NZEnvC 150 Kaiuma Farm Limited v Marlborough District Council [pdf, 395 KB]

    ...DECISION OF THE ENVIRONMENT COURT REGARDING JURISDICTION _______________________________________________________________ 2 A: We find that the commissioner was wrong to have concluded that he had jurisdiction to allow an amendment to a land use consent to include a s15 discharge permit for the discharge of sediment. B: Costs are held over until after the substantive decision on appeal. REASONS [1] This is a decision on a preliminary determination of a point of law as to whe...