Search Results

1. 2020-AKL-083 OJI Fibre Solutions (NZ) Limited v Waikato Regional Council [pdf, 187 KB]

   ...undertaking offsetting / compensation downstream of the discharge point. 4.5 Staging of offsetting / compensation is likely to be very relevant where population growth is projected to increase the discharge of contaminants over the duration of a consent, which could be as long as 35 years. Staging of offsetting / compensation therefore needs to be provided for in Policy 12. 4.6 In determining whether there are any significant residual adverse effects that may need to be offset / co...

2. 2020-AKL-085 Waipa District Council v Waikato Regional Council [pdf, 187 KB]

   ...undertaking offsetting / compensation downstream of the discharge point. 4.5 Staging of offsetting / compensation is likely to be very relevant where population growth is projected to increase the discharge of contaminants over the duration of a consent, which could be as long as 35 years. Staging of offsetting / compensation therefore needs to be provided for in Policy 12. 4.6 In determining whether there are any significant residual adverse effects that may need to be offset / co...

3. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...Trust account. In terms of Strettell’s decision she does not appear to have a beneficial interest in the property itself only a debt from me to her. If you think this is a reasonable clause go ahead and sign, otherwise contact me”. [19] The consent memorandum was duly signed by Mr SF on Mr IR’s behalf, without any further communication between them. 4 [20] Due to a misunderstanding, or an oversight on behalf of either Mr SF or Ms IT, the memorandum was not filed wit...

4. OO v QP [2023] NZDT 70 (20 February 2023) [pdf, 226 KB]

   ...check with the CC to see if it was suitable CI0301_CIV_DCDT_Order Page 3 of 4 for their intended use. The words in the marketing brochure said “The current rental appraisal on the property is $780.00 - $850.00 per week (subject to Council Consents).” He points out that the reference to “Council Consents” is a qualifying statement which suggested to buyers that they needed to check out what consents were required for their intended use. 11. KP, Managing Director of M Ltd...

5. D-G Conservation - EiC - M J Brass - Planning (5 Feb 2021) [pdf, 455 KB]

   ...indigenous freshwater values. 6. For both the controlled activity and non-complying activity pathways, I consider that the effectiveness of the plan change would be improved by: • Implementing applicable Schedule 2A minimum flows on replacement consents where they have not yet been implemented in that catchment, as the minimum flows are already provided in the plan and it will provide more protection for instream values than having no minimum flow; • Providing for banding or t...

6. [2023] NZEmpC 5 A Labour Inspector v Nikhil Himalaya Point Chev Ltd T/A Merchants Liquor [pdf, 215 KB]

   ...KUMAR ARORA Sixth Defendant AND ANURADHA ARORA Seventh Defendant Hearing: On the papers Appearances: TM Gray, counsel for plaintiff Myriam Mitchell, counsel for defendants Judgment: 27 January 2023 CONSENT JUDGMENT OF JUDGE KATHRYN BECK [1] The plaintiff has brought proceedings in the Employment Court under pt 9A of the Employment Relations Act 2000 (the Act) against the first, second, third, and fourth defendants (collectively, the...

7. [2023] NZEnvC 075 Gray v Dunedin City Council [pdf, 289 KB]

   ...$34,256.11, as a contribution towards its costs. 2 B: Under s286 RMA, this order may be filed with the District Court at Dunedin for enforcement purposes (if necessary). REASONS [1] The appellants appealed a decision declining resource consent for a residential activity on an undersized lot comprising 2.8ha at 68 Currie Road on the Taieri Plains in Dunedin. [2] The court issued a decision1 on 14 March 2023 allowing the appeal, with a final set of conditions to be lodged...

8. ENVC speech Arbitrators Mediators Institute 2013 [pdf, 189 KB]

   ...the Environment Court can be made (on a point of a law only) to the High Court. Most of the Court's work involves issues arising under the Resource Management Act, largely dealing with appeals about the contents of regional and district statements and plans; and appeals arising out of applications for resource consent. The consents applied for may be for a land use, for a subdivision, a coastal permit, a water permit, a discharge permit, or a combination of these. The Court i...

9. [2017] NZEnvC 067 PowerCo Limited v Thames-Coromandel District Council [pdf, 481 KB]

   ...hearing. PowereD Limited v Thames-Coromandel District Council Introduction 2 REASONS [1] This decision addresses two matters: i. The status of Mr Keith Vernon in this proceeding; and ii. The proposed resolution of this appeal by way of a consent order. [2] I make this decision sitting alone under s 279(1)(e) of the Act in terms of the status issue, being an order in the matter at issue is substantially a question of law only, and under s 279(1)(a) in terms of the resolutio...

10. LCRO 184/2015 WD v YR (6 July 2017) [pdf, 171 KB]

    ...application for review was not withdrawn and in October 2016 Mr WD provided a “Complete statement for LCRO hearing” which was forwarded to Mr YR.20 [31] No further comment was received from Mr YR, and in November 2016 this Office requested consent from both parties for the review to be completed on the material to hand. Both parties provided their consent and the review was scheduled for completion on the papers.21 [32] On 27 February 2017 this Office received a document heade...