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1. [2024] NZEnvC 164 Barbican Securities Ltd v Auckland Council [pdf, 162 KB]

   ...this matter was set out in some detail in the substantive decision (Barbican Securities Ltd v Auckland Council [2023] NZEnvC 174) and need not be repeated in full here. In short, the Appellant appealed against the Council’s decline of resource consent for a non-complying three-lot subdivision at 134 Linwood Road, within the rural area of Karaka in South Auckland. [2] The Court accepted that the adverse effects of the application in relation to rural character and amenity and ru...

2. [2024] NZEmpC 171 Lanigan v Fonterra Brands (New Zealand) Ltd (Interlocutory (No 3) [pdf, 196 KB]

   ...Foundation acknowledges that if it becomes apparent that an in-person appearance would be useful, or necessary for some or all of the hearing, it could make arrangements to attend the hearing, or part thereof, in person. [18] The application is consented to by the parties and the other intervener, the New Zealand Council of Trade Unions. [19] Section 7 of the Courts (Remote Participation) Act 2010 provides the Court with discretion to permit appearance by AVL in accordance with...

3. [2019] NZEnvC 019 Willowridge Developments Limited v Queenstown Lakes District Council [pdf, 10 MB]

   ...Final submissions received 12 January 2019 Date of Decision: 13 February 2019 Date of Issue: 13 February 2019 FINAL DECISION A: (1) subject to (2), under section 290 of the Resource Management Act 1991 the Environment Court grants subdivision consent for Lots 1-7 on the "Option 2" plan subject to the conditions and plans in Appendix "A"; (2) if there is an inconsistency between the conditions in "A" and the text of our Reasons below then the party i...

4. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   REVIEW OF THE LAW OF TRUSTS November 2010, Wellington, New Zealand | R E P O R T 1 1 9 A TRUSTS ACT FOR NEW ZEALAND August 2013, Wellington, New Zealand | R E P O R T 1 3 0 E31(130) August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand

5. SW v UH LCRO 170/2014 (5 February 2016) [pdf, 48 KB]

   ...UH should have required Ms CR to seek independent advice before providing correspondence to the Court. (c) Ms UH had permitted a serious defamation to be promulgated. (d) Ms UH has not sought to withdraw the affidavit, or redact the offending statements from the affidavit. (e) He had been required to file an affidavit in the Family Court as a consequence of Ms UH failing to check the veracity of the affidavit filed. 4 (f) He had no standing to defend his position in the Famil...

6. Auckland Standards Committee v Castles [2013] NZLCDT 53 [pdf, 277 KB]

   ...advanced the view that the proceedings were fatally flawed by the wrongly named plaintiffs, the judicial settlement conference did not proceed as such and further directions were simply made by consent. One of these directions was for a fifth amended statement of claim to be filed prior to Christmas. The preparation of this document came to be one of the more contentious pieces of evidence before us. [15] While McMahon Butterworth replied, indicating that they had referred the matt...

7. [2020] NZEnvC 190 Northland Regional Council v Maisey [pdf, 1.4 MB]

   ...occurred and may re-occur, and that placement and burning of the Waste on the Property is likely to have adverse effects on the environment and on human health; and that the placement of it on the Property and the burning of it without resource consent is not permitted under the Plan or under the relevant provisions of s 15 13 of the RMA and set out later in this decision. [34] In light of this evidence it was appropriate to make orders that would prevent further non-compliance,...

8. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

   ...current archaeological practice. [20] Other conditions require an on-site briefing of contractors and provision of an interim and final report of the archaeological work to HNZPT and Pirirākau. The issues [21] The parties were directed to file a statement of facts and issues. HNZPT did so on 10 February 2023. [22] HNZPT identified the following issues: (a) the historical and cultural value of the site to Pirirākau; (b) the permanent protection of the site for Pirirākau in...

9. Kendal v Sherbourne LCRO 69 / 2009 (19 August 2009) [pdf, 57 KB]

   ...and Ms Kendal. On this basis he claimed that rule 1.04 of the Rules of Professional Conduct had been breached. That rule provides: A practitioner shall not act for more than one party in the same transaction or matter without the prior informed consent of both or all parties. 13 The commentary to that rule also observes that “A conflict of interest does not exist between parties simply because the practitioner is acting for more than one of them”. [51] It is widely accepte...

10. ENVC Hearing 6Oct14 AT rebuttal Anthony Blom [pdf, 126 KB]

    ...nicky.mcindoe@kensingtonswan.com 4813757.8 In the Environment Court of New Zealand Auckland Registry ENV-2013-AKL-000174 Under the Resource Management Act 1991 (the Act) In the matter of a Notion of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Statement of Evidence in Reply of Anthony William Blom for Auckland Transport Dated 23 Septembe...