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1. 8.4 JWS 8 - Powerpoint Presentation - Priority Rights dated 28 June 2021 [pdf, 134 KB]

   ...conferencing Evaluation of 4 alternative options under s32aa RMA 1. Do nothing 2. Rely on voluntary approaches (flow sharing agreements) 3. Minimum flows on main stem of Taieri and Manuherekia 4. Replicate the effect of rights of priority on new consents PREFERRED OPTION: OPTION 4 Amendments to PC7 - expert conferencing • Amend Policy 10A.2.1 - Replicate effect or right of priority on new consent granted • New entry condition on Controlled Activity (& Restricted Discretio...

2. [2019] NZEnvC 178 Chapel Road Partnership Trust v Auckland Council [pdf, 25 MB]

   ...Mabin 7 and 9 October 2019 Ms Stienstra for Chapel Road Partnership Trust (the Trust) Ms A Buchanan for Auckland Council (the Council) 7 November 2019 7 November 2019 ORAL DECISION OF THE ENVIRONMENT COURT A: The appeal is allowed , and the consent is granted on the terms and conditions annexed hereto and marked A. B: That neither party makes any application for costs. Accordingly, costs lie where they fall. REASONS Introduction [1] This is an appeal against the whole o...

3. [2019] NZEnvC 189 508 Chapel Road Partnership Trust v Auckland Council [pdf, 2.2 MB]

   ...(ENV-2018-AKL-000281) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge J A Smith Date of Correction: 2 1 NOV 2019 Date of Issue: 2 1 NOV 2019 CORRECTION Introduction [1] This appeal was against a decision by Auckland Council refusing consent for the establishment of a childcare centre at Chapel Road in Flat Bush, Auckland. [2] Prior to the matter being heard by the Court on the week of 7 October, the parties advised that they had reached an agreement that w...

4. ENVC Hearing 27Jul15 AC suppl evidence Leon Blackburn [pdf, 132 KB]

   ...Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) BETWEEN WAIHEKE MARINAS LIMITED Applicant AND AUCKLAND COUNCIL Respondent SUPPLEMENTARY STATEMENT OF EVIDENCE OF LEON BLACKBURN (STORMWATER) ON BEHALF OF AUCKLAND COUNCIL Dated 6 July 2015 BROOKFIELDS LAWYERS M J L Dickey/M C Allan Telephone No. 09 379 9350 Fax No. 09 379 3224 PO Box 240...

5. Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other Blocks incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) [pdf, 245 KB]

   ...1993 cannot logically extend to a purely commercial matter based on contract and tort, as per your amended statement of claim. Accordingly, this matter needs to be transferred to a more appropriate jurisdiction. 4. We strongly suggest that you consent to transfer proceedings to the High Court. If you do so, we will consent to the joinder application and application to strike out Stephen Smith as a party. We further suggest that we leave the issue of costs in both jurisdictions to...

6. Form 14 Waitangi Tribunal Application [pdf, 459 KB]

   ...tukua mai ā tōna wā) 1. What is the Wai reference number given to the claim before the Waitangi Tribunal? (If the number is not yet available, please provide later) 2. Kua tāpiritia tētahi tārua o te Pūrongo Kerēme? 2. Is a copy of Statement of Claim enclosed? Āe Kua tāpiritia (t)ētahi whakahau nā te Rōpū Whakamana i te Tiriti mō te kerēme? Kāo Āe Kāore e pā ana Yes Is a copy enclosed of any directions made by the Tribunal about the claim? No...

7. [2019] NZEnvC 071 Eyre Community Environmental Safety Society Incorporated v Christchurch Regional Council [pdf, 16 MB]

   ...Schulte for the District Council It() ~n? 2..0/9 /~ ") C(jJri/ ~o 19 SECOND INTERIM DECISION OF THE ENVIRONMENT COURT Eyre Community Environmental Safety Society Incorporated v Canterbury Regional Council & others 2 A. Grant of consent foreshadowed, subject to our being satisfied as to the further matters called for; B. A final set of conditions including additional conditions proposed by WIL, and directed by the Court, and any upgrades to the Emergency and other...

8. Minute of the Environment Court (dated 17 March 2017) [pdf, 1.2 MB]

   ...Accordingly, I direct conferencing of Dr Craig and Mr Onley is limited to avifauna. [4] Conferencing is to be completed before 15 May 2017. As the conference will take place before the Society files its evidence, Mr Onley will file a "will-say" statement at least five working days in advance of the conference. I come back to what is meant by "will-say" statements later. BLUESKIN ENERGY LTD V DUNEDIN CITY COUNCIL - MINUTE 17 MARCH 2017 2 [5] The parties will...

9. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...indemnify him against losses he says he suffered and that his employer was in breach of contract. [3] Mr Miller wishes to use certain documentation in his proceedings in this Court. The documentation falls into three categories: (a) A witness statement and transcript of evidence given in District Court proceedings by one of the defendant’s former counsel (Mr Mehrtens) (document 76); (b) Three documents which are said to contain legal advice and which were created in co...

10. ENVC Matiatia transcript 20150727 [pdf, 1.9 MB]

    ...conveyed to Ms Gisby, as a ratepayer, following her enquiries from the local board as to what it was doing in relation to the various 15 carparking, ferry movements, buses and those sorts of things. So it is most deliberately, in my submission, a statement of fact and/or information, it is not an expression of view by Mr Walden or the local board about what they think about a marina proposal because that would be inappropriate, I accept that. And, in any event, I’m not sure wher...