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1. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...directed to advise whether or not he will narrow the grounds of his appeal and the issues he intends to raise at any hearing of his appeal, by 10 March 2023. 2 (b) If the appellant does intend to do so, then he is directed to file and serve a statement of amended grounds of appeal and issues to be raised on appeal by the same date, 10 March 2023. (c) If the appellant does file and serve such a statement, the applicant is directed to file and serve a memorandum advising whet...

2. [2023] NZEnvC 103 Friends of Conical Hill Incorporated v Hurunui District Council and Hanmer Springs Thermal Pools and Spa [pdf, 223 KB]

   ...access to Mr D Williams of Newsroom to the opening submissions, legal submissions and evidence, subject to the amended confidentiality orders. REASONS Introduction [1] This appeal is against a decision of the Hurunui District Council granting consent to install and operate a gravity-based recreation activity (Flyride) at Conical Hill Reserve – Conical Hill Road and 54 Lucas Lane, Hanmer Springs, Hurunui. [2] The court made confidentiality orders concerning the Herpetology Ev...

3. Due North Trust v Gardner [2011] NZWHT Auckland 64 [pdf, 262 KB]

   ................................................................................................ 8 Pergola ................................................................................................................. 8 WAS THE COUNCIL NEGLIGENT IN ISSUING THE BUILDING CONSENT? ........ 8 WAS THE COUNCIL NEGLIGENT IN CONDUCTING ITS INSPECTIONS? ..........10 Solid plaster pergola beam ..................................................................................12 Failure to provide k...

4. 01.-Evidence-of-Mr-Lonnie-Dalzell-Waka-Kotahi-Project-Overview64017177.1.PDF [PDF, 855 KB]

   ...ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency STATEMENT OF EVIDENCE OF LONNIE WILLIAM D'WAYNE DALZELL ON BEHALF OF WAKA KOT...

5. Sycamore v Kusabs - Paenoa Te Akau B [2024] Chief Judge's MB 1323 (2024 CJ 1323) [pdf, 907 KB]

   ...consider— (a) the requirements for making the order set out in sections 286(1) and 288(2) and (4) of the Act; and (b) any other issues. (2) The Court may dispense with the filing of a valuation required by rule 13.1(1)(c)(iii) or any subdivision consent required by section 303(1) of the Act until after it has determined the issues considered in the preliminary hearing. (3) The Court may, at the conclusion of a preliminary hearing, issue a preliminary determination. (4) Thi...

6. Taueki v Procter - Horowhenua 11 Lake Block (2020) 415 Aotea MB 1 (415 AOT 1) [pdf, 720 KB]

   ...Māori Appellate Court MB 55 (2011 APPEAL 55) 10 391 Aotea MB 247-258 (391 AOT 247-258) 11 Rudd v The Former Horowhenua 11 Part Reservation Trustees (2018) 392 Aotea MB 179 (392 AOT 179) 415 Aotea MB 7 advisory trustees, subject to their consent. The Registrar was directed to call for trustee nominations, which was to be followed by a postal ballot and hui for the election of trustees. [13] Judicial conferences were held on 19 and 21 November 2018, to discuss progress to a...

7. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...Bayleys Remuera) (“the Agency”) for the sale of the property. Ms Kek, a licensed salesperson engaged at the Agency, was the listing salesperson. [3] Ms Kek marketed the property with written advertising material which included the following statements: High 3.2 metre stud ceilings make the enormous open-plan living and dining feel even more generous … … expansive level lawn – where there’s room for a pool – It was completed with piling and full cavity system wit...

8. Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92) [pdf, 280 KB]

   ...non-attendance. [33] Section 69 of the Act set outs the provisions in relation to evidence in proceedings. It states: 69 Evidence in proceedings (1) The court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter that, in the opinion of the court, may assist it to deal effectively with the matters before it, whether the same would, apart from this section, be legally admissible in evidence or not. (2) The co...

9. LCRO 21/2019 IV v EC and HL (21 December 2020) [pdf, 216 KB]

   ...not ignorable or so small as to be insignificant. [69] In my view, there was a more than negligible risk that the lawyers acting for the vendor and the purchaser may not have been able to discharge their obligations to their clients. Informed consent [70] These conclusions raise the question as to whether or not Mr HL fulfilled his obligation to obtain the informed consent of the Trustees of the [PT] Trust to the firm acting for both parties. [71] Rule 6.1.1 provides: Subj...

10. [2021] NZEnvC 161 Marlborough District Council v Gifford [pdf, 477 KB]

    ...Order B10 to connect the plumbing between the Thynne’s dwelling and the temporary water supply tank. In accordance with Order B10 the Respondents are to ensure that the tank is refilled as necessary. B: Under s 315(2) of the Act the Court consents to the Marlborough District Council complying with Orders B3, B12 and B13 on behalf of the Respondents who have failed to comply with those Orders. For the purpose of complying with the Orders, the Council, its officers and agents...