Search Results

1. [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...

2. [2023] NZEnvC 043 Minister of Conservation v Northland Regional Council [pdf, 419 KB]

   ...REGIONAL COUNCIL Respondent Court: Environment Judge J A Smith sitting alone pursuant to s 279 of the Act Date of Order: 13 March 2023 Date of Issue: 13 March 2023 _________________________________________________________________ CONSENT DETERMINATION _________________________________________________________________ A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: 2 (1) the appeal is allowed in...

3. Pihema v Pihema - Lot 18 Deposited Plan 28604 (NA31C-254) (2020) 209 Taitokerau MB 175 (209 TTK 175) [pdf, 238 KB]

   ...for use by all of the whānau. He submits that Shireen was not granted the sole and exclusive right to occupy it but rather she is occupying as a boarder. He contends that Jason was in Australia at the time and so he was unable to obtain consent from his co- trustee. He further submits that he gave notice to Shireen and obtained consent from Owen, the advisory trustee, and other members of the whānau. [18] Laurayno supports Robert’s argument that the h...

4. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

   ...COUNCIL Respondent Court: Environment Judge J A Smith, sitting alone pursuant to s 279 of the Act Date of Order: 23 May 2022 Date of Issue: 23 May 2022 _________________________________________________________________ CONSENT ORDER _________________________________________________________________ A: Under s 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed subject to the agreed ame...

5. PAUP Residential Alternative height in relation to boundary [pdf, 632 KB]

   ...ASSOCIATION OF NEW ZEALAND ENV-2016-AKL-000230 MAHI PROPERTIES LIMITED ENV-2016-AKL-000235 Appellants AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook sitting alone under s 279 of the RMA In CHAMBERS at Auckland CONSENT ORDER [A] Under s 279(1)(b) of the RMA, the Environment Court, by consent, orders that: (a) the appeal filed by Ryman Healthcare Limited and the Retirement Village - Association of New Zealand is allowed in part; and (b) the appeal fi...

6. [2023] NZEnvC 159 Beachen v Auckland Council [pdf, 637 KB]

   ...McGrath, Compliance Officer;10 and Paul Louis Northover, Team Leader Compliance.11 Mr McGrath had sworn an affidavit but was unable to appear at the hearing. He was not required for cross-examination. Mr Beachen gave evidence, confirming several statements he had provided to the Court.12 Is the tiny home a “structure”? “Structure” is not defined in the Plan but is defined in the RMA. In the absence of any contrary provision in the Plan “structure” has the meani...

7. [2024] NZEnvC 286 Newsome v Auckland Council [pdf, 249 KB]

   ...enforcement officer considered the construction of the structure to be in contravention of s 9(3) of the RMA, which provides that no person may use land in a manner that contravenes a district rule unless the use is expressly allowed by a resource consent; (b) the structure is located within the annual exceedance probability (AEP) floodplain, has a gross floor area exceeding 10 sqm, and is not designed to accommodate ‘flood tolerant activities’ as defined in Chapter J of the A...

8. Regulatory Impact Statement Tribunal Enhancements [pdf, 257 KB]

   1  Regulatory Impact Statement   Tribunal Enhancements:    Agency Disclosure Statement    1. This  Regulatory  Impact  Statement  (RIS)  has  been  prepared  by  the  Ministry  of  Justice.    It  provides an analysis of options to improve the efficiency of 29 Ministry of Justice administered  tribunals1.  2. The following are constraints in the regulatory impact analysis:   Assumptions have been made  in  relation  to  the  c...

9. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 733 KB]

   1 Regulatory Impact Statement: Tribunal Enhancements: Agency Disclosure Statement 1. This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. It provides an analysis of options to improve the efficiency of 29 Ministry of Justice administered tribunals1. 2. The following are constraints in the regulatory impact analysis:  Assumptions have been made in relation to the costs of the new Accident Compensation Appeal Tribunal. The Ministry has consider...

10. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

    ...filed a non-de novo challenge to the determination. The election pursuant to s 179 of the Employment Relations Act 2000 (the Act) related only to that part of the determination where the Authority found that A’s summary dismissal for refusing to consent to a drug test was substantively justified. All other findings of the Authority are not in dispute. Issues that she raised in her pleadings were that the Authority: (a) erred in fact and law by finding that the plaintiff’s ref...