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1. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...in this regard. In our view, this emphasises the “not one size fits all” characteristic of expert conferencing, however we tend to the majority view for most cases. Related to this topic is “Will Says” and the production of an Agreed Statement of Facts – see below. Agreed Statement of Facts One of the key points in Commissioner Dunlop’s opening presentation was the advantage of the parties preparing an Agreed Statement of Facts (ASF) as one of the first steps in a time...

2. 2023-09-26-SOE_-Peter-Stacey_Air-Quality.pdf [pdf, 192 KB]

   ...confirmation provided in my s87F and 198D Report that I have read and agree to comply with the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2023. This evidence has been prepared in accordance with that Code. Statements expressed in this evidence are within my area of expertise. C. SCOPE OF EVIDENCE [6] My evidence addresses the following: (a) The extent to which issues identified in my s87F and 198D Report have been resolved through Wak...

3. [2011] NZEmpC 97 Quan Enterprises Ltd v Fair [pdf, 65 KB]

   ...returned to New Zealand on 3 March 2011 and received the statement of claim on that same day. Upon their return to Masterton Mrs Fair engaged counsel to assist in relation to the litigation and her counsel wrote to the plaintiff’s solicitor seeking consent to file a statement of defence out of time. No response was received from the plaintiff or its solicitor. [9] There is one important finding in the above narrative of facts which needs further explanation. It relates to the...

4. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

   ...(consent application 3) with all reasonable diligence. [41] The Court heard evidence on stormwater/flooding, noise, traffic and landscape. With respect to stormwater/flooding and transport, expert conferencing was undertaken, and joint witness statements lodged. However such conferencing focused almost exclusively on consent applications 1 and 2, was held before consent application 3 was lodged and did not specifically consider the effects of extending the time for compliance wit...

5. [2023] NZEnvC 025 Minister of Conservation v Marlborough District Council [pdf, 5.5 MB]

   pMEP – MINISTER OF CONSERVATION & ORS v MDC – TOPIC 5 – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 25 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN MINISTER OF CONSERVATION (ENV-2020-CHC-42) … (continued on separate page) Appellants AND MARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M Has...

6. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

   ...protection of the Long Tail Bat within this development. The approach to protection of significant habitat [22] All parties agree that whether we take an approach to the protection of significant habitat under s 6(c), under the Regional Policy Statements and Plans or under Chapter 20 of the District Plan, there is a need to avoid adverse effects on the values and attributes of the habitat on the BPA. Furthermore, the parties appear to agree that we should take steps to provide for...

7. [2019] NZEnvC 030 Zindia Limited v Marlborough District Council [pdf, 5.7 MB]

   ...sufficiently to encompass commercial forestry harvesting (to which pMEP r 4.5.4 now applies). Zindia disagrees. [26] Related to this issue, the Assessment of Environmental Effects CAEE') that accompanied the consent application made various statements about how effects of harvesting would be managed. For example, under the heading 'The landing sites, marshalling site and in forest roading works', it stated: l> Entry of woody material into water bodies Woody mater...

8. C v Accident Compensation Corporation [2020] NZHRRT 3 [pdf, 193 KB]

   ...contained details concerning Mr C’s [redacted] health and family matters, in addition to other sensitive information. [9] On 19 September 2014, Aon requested a copy of the referral documents sent to Dr A by ACC and provided ACC with a copy of a “consent for the collection and release of information” form signed by Mr C on 26 July 2014. The consent form signed by Mr C included the following statement: I give my consent for information about me to be collected, used and disclosed...

9. [2017] NZEnvC 141 NZ Energy Ltd v Manawatu Wanganui Regional Council [pdf, 622 KB]

   ...Council (s 274 party) N M McAdie for Ruapehu District Council (s 274 party) Date of Decision: 4 September 2017 Date of Issue: 4 September 2017 EW ZEALAND ENERGY LTD V MANAWATU-WANGANUI REGIONAL COUNCIL 2 DECISION OF THE ENVIRONMENT COURT A: Consents 104088, 104089, 104090 and 104091 are confirmed, subject to revised conditions. B: Variations to Consents 101087/1,101090/1,101091,10109211 and 101093 are confirmed, subject to revised conditions. C: New consents 106031, 10603...

10. Graeme James Lawrence - Evidence in Chief - Supplementary [pdf, 1.1 MB]

    ...0000134 ) IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF SUPPLEMENTARY EVIDENCE OF GRAEME JAMES LAWRENCE ON BEHALF OF MOTITI ROHE MOANA TRUST 31 1h October 2017 738 739 INTRODUCTION 1. My name is Graeme James Lawrence. I hold a Bachelor of Social Sciences and I am a member o...