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1. Smith v Waitakere City Council [pdf, 220 KB]

   ...retaining walls, drainage, services, and various additions and alterations, including a basement carport. [4] The First Respondent, the Waitakere City Council (“the Council”) was the Local Authority responsible for issuing the Building Consent and Code Compliance Certificate for the relocation and re-establishment of the Claimant’s dwelling. [5] The Second respondent, Terence Quinn, arranged for and organised persons to undertake the relocation and re-establishment o...

2. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (substantive) [2022] CEIT-2019-0074 [pdf, 1.8 MB]

   ...[1] The property [15] Procedural background [27] Statutory and contractual framework [31] Legal principles [53] Approach to repairs [70] Issues [75] Policy exclusions [76] Statements exclusion [83] CES damage [160] Weathertightness experts’ joint report [168] Structural engineers’ joint report [171] Stonemason experts’ joint report [174] Repairs required...

3. E19 Karl Cook and Vijay Lala - Planning - EIC - Applicant [pdf, 6.2 MB]

   ...of Planning degree from the University of Auckland. I have 23 years’ professional experience in resource management. During my professional career I have been involved in policy formulation (district plans, plan changes, variations), resource consents (land use, subdivision and coastal consents), designations, project management and training aspects of resource management. I have held various planning roles, within both local government and private consultancies. I have previou...

4. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...allowed only to the extent that Conditions 9 and 10 are amended as shown in [85]. The appeal is, in all other respects, declined. B: Tasman District Council ('TDC') is directed to file for the court's approval, a further version of the consent, in TDC formatting, to reflect the findings in this decision. C: Costs are reserved and a timetable is set. REASONS Introduction [1] Lynette and Paul Shirley and Ivfotueka Trustee (No 2) Ltd (together, 'Shirleys')...

5. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...breaches of the lease concerning stumpage and employment (“the damages application”). 2 [2] The lessee, TPL 4 Limited (“TPL4”), applies to strike out the damages application (“the strike out application”) on the grounds that: (a) The statement of claim does not contain sufficient particulars, is prolix and an abuse of process; and (b) The claim is time barred. [3] TPL4 also seeks summary judgment on any residual aspects of the damages application. This judgment det...

6. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...nature of the cases before the Environment Court [8] The majority of cases before the Environment Court are appeals from decisions of councils, but there is some originating litigation. The categories of cases may be listed as: regional policy statements; plans; approvals; declarations; and enforcement. Forward planning: Policy statements and plans [9] Directed by the RMA, there are various subsidiary layers of legislation issued by central and local government, in a hierarchy of p...

7. Transcript (week 6 Cromwell) [pdf, 2.8 MB]

   ...barely begun but it will continue. 1000 Q. I'm interested in where do we go or where does the Lauder community 25 go from here if the plan change is confirmed because – and I say if it’s confirmed, if it’s confirmed with short-term consents because obviously your witness, Ms Dicey, is still pursuing a long-term consent option which has to be evaluated by the Court and so I'm interested in relationships and what happens next if you like over the next six years and y...

8. Chee v Stareast Investment Ltd [pdf, 97 KB]

   ...evidence before the Tribunal including: WHRS Documents Experts’ conference agreement Assessor’s report and Addendum report, and Supplementary Addendum report Procedural Orders 1 to 12. Claimants’ written evidence Witness statement of Joseph Chee Supplementary Witness statement of Joseph Chee Witness statement of Margaret Chee Statement of Evidence of Clinton Smith Reply Brief of Evidence of Clinton Smith Witness statement of Mark Dawson Firs...

9. 2017 Report of the Registrar of the Environment Court [pdf, 674 KB]

   ...of appeals via electronic lodgement on to the Court’s web pages. In late 2016, the Court received 67 plan appeals and 8 designation appeals on the proposed Auckland Unitary Plan. Consistent with how the Court approaches all plan and policy statement appeals, the Court developed a tailored case management programme that at the outset involved court-assisted mediation. Initially however, approximately 40% of the appeals had to be placed on hold awaiting the outcome of certain challen...

10. [2024] NZEnvC 273 Department of Corrections v New Plymouth District Council [pdf, 455 KB]

    ...APPLICATION _________________________________________________________________ 2 A: The request to exercise the s 293 jurisdiction is granted. B: Under sections 279(1)(b) and 293 of the Resource Management Act 1991, the Environment Court, by consent, orders that an additional rule is to be included in the Sport and Active Recreation Zone providing for Community Corrections Activities as a discretionary activity. The Proposed Plan is amended to include the agreed provisions rel...