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1. D-G Conservation - EiC - N R Dunn - Freshwater Ecology (5 Feb 2021) [pdf, 1.2 MB]

   ...Creek. Code of Conduct 15. I confirm that I have read the code of conduct for expert witnesses as contained in section 7.1 of the Environment Court’s Practice Note 2014. I have complied with the practice note when preparing my written statement of evidence and will do so when I give oral evidence before the Court. 16. The data, information, facts and assumptions I have considered in forming my opinions are set out in my evidence to follow. The reasons for the opinions ex...

2. Joint-memorandum-of-counsel-for-the-Transport-Agency-and-Transpower-6-July-202060266780.1.pdf [pdf, 182 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND I MUA I TE KŌTI TAIAO O AOTEAROA ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF the proposed direct referral of an application for resource consents for activities associated with Te Ahu a Turanga: Manawatū Tararua Highway Project BETWEEN WAKA KOTAHI NZ TRANSPORT AGENCY Applicant AND MANAWATŪ-WHANGANUI REGIONAL COUNCIL Regulatory Authority AND DIRECTOR-GENERAL OF CONSERVATION QUEEN ELIZABE

3. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...preferred to contact the staff by WeChat message. He said it was the complainant who decided to withdraw the application after receiving Immigration NZ’s letter. Complaint filed in the Tribunal [23] On 14 October 2022, the Registrar filed a statement of complaint (10 October 2022) in the Tribunal. It alleges breaches of the identified provisions of the Code by Mr Sun: (1) Allowing unlicensed individuals, Ms H and Ms M, to give immigration advice to the complainant and obtain...

4. E99 Karl Cook and Vijay Lala – Planning - RE – Applicant [pdf, 3.6 MB]

   31093433_1.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 EVIDENC...

5. LCRO 341/2013 QE v ML (nee BM) [pdf, 262 KB]

   ...seeks to adduce the judgments in evidence in this case. Here the Committee simply seeks to produce them under s 239(1) of the Act as evidence that may assist the Tribunal to deal effectively with the matters before it. [22] In a footnote to that statement, the Court noted: We note that the Tribunal must exercise its discretion to admit otherwise inadmissible evidence under s 239 of the Act in accordance with the interests of justice. The centrality of the evidence to the case and the e...

6. Gwak & Kim TRI-2020-100-006 Procedural Order 5 [pdf, 223 KB]

   ...of as much information as is available and not to have that information restricted by the inexcusable effluxion of time. [25] Those interests are balanced in this Procedural Order. Chronology [26] The relevant chronology is: (a) A building consent was issued for the construction on 5 June 2002; (b) The built date for the property was 24 April 2003; (c) A Code Compliance Certificate issued on 26 May 2003; (d) The claimants became registered proprietors of the property on 12 Aug...

7. Haddon v Rahui Te Kuri Inc – Pakiri R (1994) 3 Taitokerau Appellate MB 178 (3 APWH 178) [pdf, 1.5 MB]

   ...to overrule the definition. Dictum of Lord Watson in West Derby Union v. Metropolitan Life Assurance Society(1) as to the effect of a proviso applied. (1) [1897] A.C. 647, 652.° 16. Further at-folio 249 of his decision Judge Cull referred to the statement of Stout, CJ at page 84 of In Re Puhi Mehl:- it was contended that this proviso (c) implied that once the transfer was complete the land ceased to be Native land. That would mean that the definition, without express words, of 'Native...

8. [2022] NZEnvC 056 New Zealand Cherry Corp (Leyser) LP v Central Otago District Council [pdf, 4.3 MB]

   ...Schedule 1 of the Act NEW ZEALAND CHERRY CORP (LEYSER) LP (ENV-2021-CHC-73) Appellant CENTRAL OTAGO DISTRICT COUNCIL Respondent Environment Judge PA Steven - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 8 April 2022 CONSENT ORDER A: Under s279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed subject to the extent that Plan Change 14 to the Central Otago Dis...

9. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ...W Mawhinney for the Waitakere Forest Land Trust and the Forest Trust B Ford for the Auckland Council Date of Decision: 18 December 2018 Date of Issue: 18 December 2018 DECISION A: (ENV-2015-AKL-088) Applications 73 to 87 are struck out by consent. B: (ENV-2018-AKL-145) Under section 358 Resource Management Act 1991 the appeal is refused and the Auckland Council's decision is confirmed. C: Costs in both proceedings are reserved. P W MAWHINNEY v AUCKLAND COUNCIL - DECISION...

10. [2013] NZEmpC 11 Christiansen v Sevans Group (NZ) Ltd & Others [pdf, 109 KB]

    ...secure additional 2 [2011] NZERA Auckland 193. funding from overseas sources had been pursued during 2011 and 2012 but had proved to be unsuccessful. He produced the company’s bank statements which show that as at 31 December 2012 the company had a nil balance in one account, a balance of around $6.00 in another, and an overdraft of $15.75 in another. Mr Mercer’s evidence was that the company’s financial positio...