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1. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   ...Project, and the Site and surrounds can be found in the Commissioner’s Decision, the s 42A Hearing Report, the evidence of Aaron Edwards before the Commissioner, and the evidence of David Collins.1 In short:2 The proposal is to obtain land use consents for the installation and operation of a renewable energy solar project on the existing 1022ha dairy farm application site. The project comprises the construction, commissioning, and operation of the solar generation plants, associate...

2. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

   ...LIABILITY OF ANDRE GAENSICKE (Andre) ...................................... 22 LIABILITY OF IAN SHARPLIN ..................................................................... 23 WAS THE COUNCIL NEGLIGENT IN CARRYING OUT INSPECTIONS, ISSUING THE AMENDED CONSENTS AND THE CODE COMPLIANCE CERTIFICATE? ........................................................................................... 26 WAS SHINGLE AND SHAKE ROOFING LIMITED (SSRL) NEGLIGENT? . 29 WAS MR BURROWS NEGLIGENT WHEN INSP...

3. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...directions would facilitate an efficient and user-friendly process, including because: (a) They facilitate electronic case management of the Application. Websites are effective tools for disseminating evidence and other documents relating to consenting processes under the RMA and are commonly used by the Court, the Environmental Protection Authority, and local authorities. Counsel understand from the Minute that the Court is prepared to establish a dedicated website for the Appli...

4. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...directions would facilitate an efficient and user-friendly process, including because: (a) They facilitate electronic case management of the Application. Websites are effective tools for disseminating evidence and other documents relating to consenting processes under the RMA and are commonly used by the Court, the Environmental Protection Authority, and local authorities. Counsel understand from the Minute that the Court is prepared to establish a dedicated website for the Appli...

5. 2021-03-24 OWRUG - DOC v ORC (C28-2002) [pdf, 1.2 MB]

   ...flows to enable the flows set by the rule to be achieved: section 413( 1) compared to section 68(7) and 128(b) RMA. [14] We shall continue to refer to these deemed permits as mining privileges to avoid confusion with other water permits and resource consents. The Reference [I51 We accept the submission of Mr Logan for the Regional Council that mining privileges have been in existence and exercised for over 130 years. The patterns of use have been long established. We also acknowledge that th...

6. Taupo District Council [pdf, 1.1 MB]

   ...Court Auckland 1. Taupo District Council (TDC) appeals against parts of the decision of Waikato Regional Council (WRC) to approve Proposed Waikato Regional Plan Change 1 – Waikato and Waipa River Catchments (PC1) to the Waikato Regional Policy Statement (WRPS). Background 2. TDC made a submission dated 7 March 2017 on PC1. 3. TDC is not a trade competitor for the purposes of s 308D of the Resource Management Act 1991 (RMA). 4. TDC received notice of the decision on 22 April 2020....

7. Auckland Standards Committee v Macdonald [2012] NZLCDT 2 [pdf, 68 KB]

   ...process of the offending which has led to the facing of this charge by Mr Macdonald. The practitioner has been extremely cooperative with authorities and as a continuation of that counsel have productively provided the tribunal with an agreed statement of facts which provide a background to the charge. [3] The charge is that having been convicted of an offence punishable by imprisonment, which conviction reflects on fitness to practice or tends to bring the profession into dis...

8. ENVC memorandum for Auckland Council seeking costs - WML Matiatia [pdf, 17 MB]

   ...visit (5 hours each) 10 10 Specialist Report Evidence in Chief • Research • Evidence preparation • Review (lawyers input) 10 30 4 10 30 4 Joint Witness Caucusing • Preparation of statement • JW caucusing 4 5 4 5 Rebuttal • Read applicant and S274 evidence • Research • Evidence preparation 8 24 30 8 24 30 Specialist Attend Hearing 12 12 Gran...

9. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   ...QC for Appellants . S F Quinn and K Rogers for Auckland Council. S J Simons, R K Smith and H E Philip for J Loranger, and L Niemann, M Poland and C Poland, s 274 parties. Sand S Edwards for themselves, s 274 parties SECOND INTERIM DECISION A: Consent for The Verandah Restaurant cannot yet be granted; conditions of consent yet to be finalised, to inform whether consent can be granted; B. Similarly, for the alfresco dining adjacent to the original restaurant; Cable Bay Wines Limited...

10. Joint Witness Statement - Traffic and Transport 26 July 2018 [pdf, 639 KB]

    ...(Council) Viaduct Harbour Holdings Limited (VHHL) Kiwi Property Group Ltd (Kiwi) ASB Bank Ltd (ASB) Auckland Theatre Company (A TC) Firth Industries - a division of Fletcher Concrete and Infrastructure (Firth) Auckland Transport (AT) JOINT WITNESS STATEMENT 1.1. The purpose of expert conferencing is for expert witnesses to identify and reach agreement with other expert witnesses within their field of expertise on the issues/matters on which the expert witnesses agree and the issues...