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1. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

   ...could be avoided by framing conditions to require that the designation should not be given effect to unless access had been constructed. He acknowledged that a similar approach could be used to overcome any potential invalidity from requiring a consent-holder to rely on the consent, authorisation, or activities of a third party. [25] He then argued that KiwiRail would need to remove its designation from the allegedly redundant operational land under s182 RMA (to avoid the continued...

2. 2021-03-23 Transcript (up to Mr McIndoe on day 10) [pdf, 3.4 MB]

   ...(Council or ORC) is at a critical stage in its freshwater planning. The current freshwater planning framework in Otago is acknowledged as no longer being fit for purpose. It is a product of its time, being prepared prior to the National Policy Statement for Freshwater 5 Management 2020 (NPSFM). A new NPSFM compliant framework is required and the Council is committed to having that new framework in place by 31 December 2023. The Council is due to notify a new regional polic...

3. E65 John Parlane - Traffic - EIC - VHHL [pdf, 1 MB]

   DAA-109805-4-351-V1 BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2018-AKL-000078 UNDER the Resource Mangement Act 1991 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 A N D AUCKLAND COUNCIL Regulatory Authority STATEMENT OF EVIDENCE OF JOHN PARLANE ON BEHALF OF VIADUCT HARBOUR HOLDINGS LIM...

4. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

   ...Stanley Chen, the fourth respondent, whereby Mr Chen prepared plans, drawings and specifications for the construction of the claimants‟ dwelling and one on the adjacent section, 49 Mt Taylor Drive. Mr Chen filed the application for building consent with the Auckland City Council. After the consent was issued, Ms Li engaged A1 Building Suppliers Limited (“A1”) as the private certifier to carry out the inspections of the building work and issue the Code Compliance Certificate...

5. Minute of the Court dated 31 August 2018 [pdf, 1.7 MB]

   ...Appeal in R J Davidson Family Trust v Marlborough District Council [2018] NZCA 316). That does not mean however that it needs to hear from lots of witnesses in person. The Court has been busily engaged in reading all materials lodged with it, and the statements Panuku Development Limited v Auckland Council 2 of evidence on non-contentious or settled matters can simply be formally taken into the record by consent. [4] The joint statements from the various expert conferences compr...

6. Nga Runanga Sandra McIntyre Planning summary of evidence 11 March 2021 [PDF, 226 KB]

   ...submissions arise from concerns: (a) Firstly, that the existing planning framework in Otago does not provide appropriately for the deep relationship of Kāi Tahu with freshwater in the region, and (b) Secondly, that granting long term resource consents within the existing framework will entrench over-allocation and will marginalise Kāi Tahu interests and values for another generation. 2. I consider that the statutory direction in the Resource Management Act 1991 (RMA), t...

7. [2018] NZEmpC 137 Lyttelton Port Company Ltd v Pender [pdf, 189 KB]

   ...PORT COMPANY LIMITED Plaintiff AND CARL FRANCIS PENDER Defendant Hearing: On the papers Appearances: T Mackenzie, counsel for plaintiff J Goldstein, counsel for defendant Judgment: 16 November 2018 CONSENT INTERLOCUTORY JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS (Application for Stay of Proceedings) [1] By consent, there is an order staying execution of the Employment Relations Authority determinations on the following agreed cond...

8. [2020] NZEnvC 153 Cabra Rural Developments Ltd v Auckland Council [pdf, 3 MB]

   ...the nature of conditions that may be imposed on any grant of consent. The hierarchy runs from the 15 most enabling permitted status to the most restrictive prohibited status. The Plan has been prepared on the basis of this classification and consenting hierarchy. [52] Statements are then provided to assist users of the Plan to understand how this hierarchy has been applied . The restricted discretionary (RDA) and discretionary (DA) status includes a description which does not ap...

9. [2024] NZEnvC 267 Zant v Central Hawke's Bay District Council [pdf, 625 KB]

   ...process; and (e) the hearing panel did not address or respond to all the issues that the appellants presented. [11] In addition, the appellants filed further submissions dated 21 August 2024 and 2 September 2024 reiterating that they do not consent to any new designations on their property. In support of their submissions the appellants referred the Court to “Property Rights and Environmental Policy: A New Zealand Perspective” by Kevin Guerin.3 We summarise the appellants...

10. [2015] NZEnvC 066 Waiheke Marinas Limited [pdf, 572 KB]

    BEFORE THE ENVIRONMENT COURT Hearing at: Court: Appearances: Date of Decision: Decision No. [2015] NZEnvC ofJO IN THE MATTER of an application by Direct Referral under Section 87G of the Resource Management Act 1991 (RMA) for resource consents to construct and operate a 160-berth marina at Matiatia Bay, Waiheke Island BY WAIHEKE MARINAS LIMITED ("WML") (ENV-2014-AKL-000174) Applicant at Auckland on 26 March 2015 Principal Environment Judge LJ Newhook