Search Results

1. Environment Court annual report 2015 [pdf, 475 KB]

   ...of up to 5 years on either a full or 51Page E.49 part (75%) time basis. Deputy Commissioners sit as required usually on the basis of their expertise. The Court's functions are primarily to determine: • appeals in respect of resource consents, designations and abatement notices, • plan appeals in respect of the content of regional and district planning instruments, applications for enforcement orders, and • inquiries in respect of water conservation orders. The Court...

2. Final Env-Reg-Report-2018-19 [pdf, 188 KB]

   ...parties to the proceedings before it and gives a determination which is binding upon them. The role of the Court under the RMA is to hear and decide: • appeals on councils’ decisions on proposed plans and policy statements and resource consent applications • appeals on abatement notices and applications for enforcement orders • applications for declarations • inquiries in respect of water conservation orders. • directly referred resource consent applications or notic...

3. Final Env-Reg-Report-2018-19 [pdf, 188 KB]

   ...parties to the proceedings before it and gives a determination which is binding upon them. The role of the Court under the RMA is to hear and decide: • appeals on councils’ decisions on proposed plans and policy statements and resource consent applications • appeals on abatement notices and applications for enforcement orders • applications for declarations • inquiries in respect of water conservation orders. • directly referred resource consent applications or notic...

4. Nelson Standards Committee v Ord [2025] NZLCDT 4 (17 January 2025) [pdf, 252 KB]

   ...X’s home. These entitlements were not fully explained to Ms X by Dr Ord. 2 Daniels v Complaints Committee 2 of the Wellington District Law Society [2011] 3 NZLR 850 at [22]. 4 [11] Pressured by time limits, Dr Ord filed his first statement of claim in early October 2021. The proceedings were subsequently transferred by consent to Wellington and in December 2021, the first amended statement of claim was filed. Four further amended statements of claim followed in t...

5. Director of Proceedings v Candish [2013] NZHRRT 40 [pdf, 171 KB]

   ...Director of Proceedings Ms C Humphrey for Defendant DATE OF DECISION: 14 November 2013 DECISION OF TRIBUNAL [1] These proceedings under s 50 of the Health and Disability Commissioner Act 1994 (HDC Act) were filed on 1 May 2013 and the statement of reply was received on 28 June 2013. This was outside the thirty days permitted by Regulation 15 of the Human Rights Review Tribunal Regulations 2002 but there being no opposition from the Director we grant leave pursuant t...

6. [2020] NZEnvC 013 Edens v Thames Coromandel District Council [pdf, 23 MB]

   ...this decision where it is not presented in colour those are, from top to bottom, red, orange, yellow and blue. [33] We understand the references to parent Jot to be used to avoid any confusion between a lot that exists prior to any application for consent and a lot created as a result of such application. Lot is defined as follows: Lot means all adjoining allotment(s) (as defined in section 218 of the Resource Management Act - see below) held within one computer freehold register (als...

7. Tangitu - Parish of Te Puna Lot 154A2 (Epiha Urupā) (2005) 82 Tauranga MB 274 (82 T 274) [pdf, 1.2 MB]

   ...Victoria [1913] 11 DLR 577 does not give a right to those with kin buried in the urupa to care for the remains or to bury close kin next to such remains. Such a right only arises where the bodies were buried by owners of the land or with their consent. [20] In summary, on the issue of whether the purpose of the reservation ought to be redefined so as to be limited to the descendants ofTe Ua Maungapohatu, the applicant argued that the ownership rights of the beneficial owners would b...

8. Widdowson v Bekx [pdf, 166 KB]

   ...1.7. A Preliminary Conference (“PC”) was convened on the 27th day of June 2003 and a further Conference was convened on the 19th day August 2003. At the second Conference the claim was referred (at the request of the Claimant and with consent of all Parties) to mediation pursuant to the relevant provisions relating to Mediation of Claims in the Act. Adjudicators Determination September 2004 Page 4 of 51 pages 1.8. Mediation in respect of the claim was unsuccess...

9. [2018] NZEnvC 132 Caradoc-Davies v S R Clearwater [pdf, 11 MB]

   ...Hearing: 8 August 2018 Counsel: A J Woodhouse for Applicants P J Page for Respondents M Garbett for Dunedin City Council Date of Decision: 10 August 2018 Date of Issue: 10 August 2018 DECISION OF THE ENVIRONMENT COURT INTERPRETING RESOURCE CONSENT DATED 12 APRIL 2007 Caradoc-Davies & others v Clearwater & others Introduction 2 REASONS [1] This decision concerns a single aspect of complex proceedings seeking enforcement orders commenced in April 2017. [2] The...

10. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

    ...August 2014 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The defendant, Mr Shaune Donald, was employed by the plaintiff, Pollard Contracting Limited (PCL), from May 2011 until his summary dismissal on 18 June 2013. He lodged a statement of problem with the Employment Relations Authority (the Authority) alleging he had been unjustifiably dismissed. He relied on the service of that statement to raise his personal grievance but it was not actually received by the plai...