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1. [2024] NZREADT 44 - Lemalu v CAC 2205 & KE (8 November 2024) [pdf, 253 KB]

   ...obligation under r 5.1 of the Rules (to exercise skill and diligence). He was informed that when vendors questioned whether items were chattels, it was best practice to encourage them to seek legal advice. A fixture would require the buyer’s consent to remove. [19] On the same day, the Authority wrote to the purchaser stating that the most effective way of dealing with the complaint was to remind Mr Lemalu of his obligations. The Authority had discussed the purchaser’s concer...

2. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

   ...ENFORCEMENT ORDERS ____________________________________________________________________________________________ A: The jurisdictional bar in s319(2) RMA is successfully raised. B: Costs reserved. 2 REASONS Introduction The boat marina consented by the Environment Court in 2018 at Putiki Bay near Kennedy Point on Waiheke Island has seen a long history of litigation by various parties since that time. On 30 June 2021 the Trust Board applied for interim enforcement order...

3. [2022] NZEnvC 254 Bunker v Queenstown Lakes District Council [pdf, 166 KB]

   ...demonstrated for example by the numbers who overflowed his tangi at Rehua Marae. It is understood that Dr Ryan’s body has been returned home and now lays to rest at Waipu in Northland. [2] The parties jointly seek that Dr Ryan’s written statement dated 22 September 2022 be admitted by consent. That request is made under ss 276 and 269 RMA. It is plainly appropriate in view of Dr Ryan’s unimpeachable expertise to grant the application. However, in view of his mana as reso...

4. [2022] NZEnvC 229 Wilson v Waikato Regional Council [pdf, 1.2 MB]

   ...planning witness, Ms Christin Atchinson. She was the author of the s42A officer's report to the first instance Council hearing on the original OAL application. 13 [13] Following court-facilitated expert conferencing, further joint witness statements ('JWS') were filed as follows: 5 6 7 8 9 10 11 12 13 (a) aJWS on biosecurity risk management by Dr James, Dr Sim-Smith, Bull EIC dated 2 March 2022, Bull rebuttal dated 20 April 2022 (in addition to the ev...

5. [2021] NZEnvC 169 Prime Property Group Limited v Wellington City Council [pdf, 261 KB]

   ...30 October 2020 Mr G M Rae, appointed as a Commissioner by the Wellington City Council {the Council) under s34A of the Resource Management Act 1991 (RMA), declined an application by Prime Property Group Ltd (Prime) to amend an existing resource consent relating to billboards erected on the western side of the Hutt Road (SH2) at Horokiwi, between Ngauranga and Petone. The existing consent was originally granted in 2009 and permitted the display of advertising unrelated to the site it...

6. ENV-2016-AKL-000185 Viaduct Harbour Holdings Limited v Auckland Council (scope) [pdf, 9.1 MB]

   ...Documents relied on ............................................................................................... 8 2. Westhaven .................................................................................................................... 8 2.1. Statement of issues ................................................................................................ 8 2.1.1. Zoning of Westhaven........................................................................................... 8...

7. 2021-07-06 ORC - Position on Objective, CWS & Hydro - amended [pdf, 252 KB]

   ...viticulture and orchards, community water supply schemes identified in Schedule 10A.5.1 and hydroelectricity generation schemes identified in Schedule 10A.5.2. 10A.2 Policies 10A.2.2 Irrespective of any other policies in this Plan concerning consent duration, avoid granting resource consents for takes and/or uses of freshwater, where the activity was not previously authorised by a deemed permit or water permit, for a duration of more than six years except where the application i...

8. ENVC Hearing 6Oct14 AC rebuttal John Cawley [pdf, 97 KB]

   ...Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) REBUTTAL STATEMENT OF EVIDENCE OF JOHN KEITH CHARLES CAWLEY (ACOUSTICS) ON BEHALF OF AUCKLAND COUNCIL Dated 29 September 2014 BROOKFIELDS LAWYERS M J Dickey / M C Allan Telephone No. 09 379 9350 Fax No. 09...

9. [2023] NZEnvC 225 The Olive Leaf Centre Trust v Queenstown Lakes District Council [pdf, 581 KB]

   ...30 October 2023 Date of Issue: 30 October 2023 _______________________________________________________________ DECISION OF THE ENVIRONMENT COURT _______________________________________________________________ A: The application for land use consent RM170844 to establish a multi- purpose building within the setting of St Patrick’s Church and Blessed Mary 2 MacKillop Cottage (listed heritage buildings Ref #370) that breaches building bulk and location standards, and to undert...

10. Walters - Horahora 1B4A2D1 (2011) 22 Taitokerau MB 209 (22 TTK 209) [pdf, 205 KB]

    ...judicial conference on 19 September 2007 and the hearing on 16 January 2008. His Honour says that my latter minute records: ―...the road application should be given ―a separate fixture now from the other issues‖. (emphasis added) My statement is set out in full in paragraph [1] above. His Honour concluded: ―These were firm decisions not subjected to any challenge or revocation, and cannot now be revisited.‖ (para 28) [9] The minutes of the judicial conference of 19...