Search Results

1. 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...

2. 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...

3. 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...

4. [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...

5. 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...

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. [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...

8. Avifauna (dated 8 May 2017) [pdf, 215 KB]

   ...bird mortality and human constructions such as windows and roads is questioned by DJO 15. The need for the modelling to be based on site specific data Page 3 of5 16. Whether the more common species of birds should be taken into consideration CONSENT CONDITIONS 17. Agree with the requirements for an environmental management plan (conditions 31 and 32) 18. It is understood that the following condition was included is Mr Farrell's evidence (condition 33). The consent holder...

9. [2018] NZEnvC 119 West Coast Regional Council v Westland District Council [pdf, 1.6 MB]

   ...Applicant WESTLAND DISTRICT COUNCIL Respondent Court: Environment Judge J E Borthwick Hearing: in Chambers at Christchurch Date of Decision: 27 July 2018 Date of Issue: 27 July 2018 DECISION ON APPLICATION TO CHANGE ENFORCEMENT ORDERS (BY CONSENT) A. Pursuant to sections 279(1)(b) , 314(1)(b), 319 and 321 of the Resource Management Act 1991 , the Environment Court orders that Westland District Council must: (a) from [the date of the decision], undertake fortnightly sampli...

10. [2019] NZEmpC 74 Labour Inspector v Matangi Berry Farm Ltd [pdf, 216 KB]

    ...Berry Farm Ltd [2018] NZERA Auckland 310. 2 Employment Relations Act 2000, s 142B. and submissions. Following settlement of those matters upon which the parties are entitled to agree, a joint memorandum of counsel has been filed, seeking consent orders on those matters resolved at mediation but reserving the claims for penalties for further hearing and decision of the Court. [6] The joint memorandum of counsel contains recitals and then proceeds to seek orders by conse...