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1. WHT - glossary [pdf, 685 KB]

   ...the council) can apply for an enforcement order against someone else. These are issued by the Environment Court rather than the council. Environment Court: A specialist Court where people can go to appeal decisions made by councils on a policy statement, plan or resource consent application, or to apply for an enforcement order. Equity: An owner’s financial interest in a property being the difference between the fair market value of the property and the amount still owing on the m...

2. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...application under this section to waive a requirement as to the time within which anything shall be lodged with the court (to which subsection (1)(a)( ii) applies) unless it is satisfied that- 7 (a) the appellant or appticant and the respondent consent to that waiver; or (b) any of those parties who have not so consented will not be unduly prejudiced. The court's strike out powers [17] Section 279(4) RMA relevantly provides: (4) An Environment Judge sitting alone may, at...

3. LCRO 174/2017 DN v CI [pdf, 328 KB]

   ...Link Business Broking Limited (the Broker) that the conditions of the Agreement (as varied) had been fulfilled. A fortnight later, on 31 January 2017, during which time Ms CI exchanged views with the Vendor’s lawyer as to whether the School’s consent was required to the proposed assignment of the Cleaning Contract, the School terminated the Cleaning Contract citing non-performance of the cleaning services. [7] The Vendor did not return the deposit to Mr DN and the purchase did...

4. Ngāti Moerewa Māori Incorporation v Sanson - Part Maungakawakawa 20 (2024) 274 Taitokerau MB 292 (274 TTK 292) [pdf, 348 KB]

   ...– Owhaoko C No. 1- (2017) 59 Takitimu MB 288 (59 TKT 288). 4 Attorney-General v Prince [1998] 1 NZLR 262 (CA) at 267. 274 Taitokerau MB 295 He aha te kaupapa o te tono? What is the application about? [9] Mr Te Whata filed an amended statement of claim dated 16 April 2024. Those pleadings seek the following orders: (a) To investigate the title and interests to Māori customary land, and to determine the owners of the land pursuant to s 131(1) and (2) of the Act; and (...

5. Palmer v Palmer - Joseph Hohepa and Gess Nukuhia Palmer Whānau Trust (2019) 180 Waikato Maniapoto MB 260 (180 WMN 260) [pdf, 305 KB]

   ...the following issues: (a) Issues relating to the Matakana 1A1A2 block. 1 143 Waikato-Maniapoto MB 143-164. 180 Waikato Maniapoto MB 262 (b) Alleged discrepancies in the financial statements of the Trust, particularly relating to the purchase by the Trust of the whānau homestead, income earned from Māori land interests and whether the Trust has more than one bank account. (c) Work undertaken for the Trust by profess...

6. ENVC Hearing 6Oct14 WML rebuttal Pita Rikys [pdf, 99 KB]

   ...Email: richard@brabant.co.nz / jeremy@brabant.co.nz mailto:richard@brabant.co.nz mailto:jeremy@brabant.co.nz Introduction 1. My full name is Pita Rikys. I have the qualifications and experience set out in my evidence-in-chief. 2. This statement of rebuttal evidence has been prepared in accordance with the Code of Conduct for Expert Witnesses. 3. This statement of rebuttal evidence responds to matters covered in the evidence of the following witnesses: a. On behalf of...

7. Coxon v New Zealand Law Society [2010] NZLCDT 1 [pdf, 240 KB]

   ...on behalf of the Applicant Mr J R Billington QC and Mr P N Collins on behalf of the Respondent 2 DECISION ON APPLICATION Introduction [1] This is an application by Melanie Jane Coxon, of Auckland, Barrister, for an order consenting to her employment of Christopher Lloyd Harder, a former practitioner. Mr Harder was the subject of an order striking him off the role of barristers and solicitors of the High Court of New Zealand in February 2006. [2] The appli...

8. [2022] NZEnvC 169 NZ King Salmon v Marlborough District Council [pdf, 624 KB]

   THE NEW ZEALAND KING SALMON CO. LIMITED v MDC – DECLARATION DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 169 IN THE MATTER of the Resource Management Act 1991 AND an application for declarations under s311 of the Act BETWEEN THE NEW ZEALAND KING SALMON CO. LIMITED (ENV-2021-CHC-74) Applicant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Sitting alone und

9. Abortion Legislation Bill (Cabinet Papers) [pdf, 1.9 MB]

   RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E 2 10. Monitoring and regulating abortion services as a health service would enable earlier access to services. Early abortion is safer and less distressing for women and for health practitioners. 11. The right of a health practitioner to object to providing abortion services, and the right of the woman to access the services in a timely way, must be appropriately balanced. I propose that practitioners who object on consc

10. [2023] NZEnvC 041 Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [pdf, 350 KB]

    ...policies sought by the Anderson Lloyd parties would be sufficiently effective in protecting against the risk of further progressive degradation of the Basin’s remaining open working rural landscape character [7] The Interim Decision identified reinstatement of a “Basin-wide focus” as one of the guiding principles informing the court’s provisional drafting.3 We refer for example to our findings at [25] and [33] (concerning the WB Study), [41] (to which we return later), [7...