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1. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...Court. That is relevant because the application by the Council here is an originating proceeding. (2) The direction can waive the requirements of the Act in an appropriate case. [15] In Re Christchurch City CounciP Judge Skelton agreed with that statement in the following terms: I also agree with Judge Jackson in Re Clifford Bay Proposed Port that in terms of section 281 the Court's jurisdiction is not confined to a proceeding already before it. Further support for this can b...

2. [2017] NZEnvC 159 Hokio Trusts v Manawatu Wanganui Regional Council [pdf, 4 MB]

   ...(the Appellants) against Manawatu-Wanganui Regional Council as both Respondent (the Respondent) and Applicant (the Applicant) whereby the Appellants sought to overturn a decision of the Respondent (as consent authority) granting various resource consents to the Applicant. The Decision reserved costs in favour of both the Respondent and the Applicant. [2] On 6 October 2016 the Respondent and the Applicant filed applications seeking an award of costs against the Appellant. Determinati...

3. [2018] NZEnvC 097 Handley v South Taranaki District Council [pdf, 5.2 MB]

   ...Respondent/Requiring Authority Before: Environment Judge J J M Hassan Environment Commissioner K A Edmonds Held: at Wanganui on Monday 25 June 2018 Appearances: A Cameron for the appellant M Conway for the respondent/requiring authority S Ongley for the consent authorities Date of Decision: 26 June 2018 Date of Issue: 26 June 2018 Introduction RECORD OF PRELIMINARY FINDINGS ON MATTERS OF JURISDICTION [1] This is an appeal against a decision to confirm notices of requirement...

4. Manuel v Waitakere City Council [pdf, 70 KB]

   ...and Margaret Manuel purchased a section at 189 Carter Road, Oratia on 28 March 1998. They subsequently engaged Mr Rex Little, an architect, to prepare plans and specifications for a dwelling to be built on the section. On 11 May 1999 a building consent application was lodged with the Waitakere City Council (Council) together with plans and specifications. [8] A building consent was issued on 4 June 1999. Meanwhile at the suggestion of Mr Little, cost quotations from three bu...

5. 2021-04-20 McArthur Ridge - ORC PC7 - Opening Submissions [pdf, 251 KB]

   ...and annual volumes {9 out of 1 0 years). Since the evidence in chief for McArthur Ridge was filed Dr Davoren has further reflected on changes to the controlled activity mechanism. He favours amending the Schedule as proposed in the joint witness statement produced following the primary sector conference. Dr Davoren intends to address this in supplementary questions. 8 I note that for some other submitters who had initially opposed PC? in its entirety an issue of scope has been rai...

6. [2022] NZEmpC 46 UQE v TBN [pdf, 213 KB]

   ...Relations Authority claiming that UQE had breached the settlement agreement and that they had been discriminated against on the basis of union involvement. UQE contended that TBN’s grievance had been raised out of time; TBN claimed that UQE had consented to the late raising of the grievance. [2] The Authority concluded that UQE had consented to TBN pursuing their grievance out of time, that there had been no breach of the settlement agreement, and that UQE had discrimin...

7. ENVC Hearing 6Oct14 AC evidence chief Leon Blackburn [pdf, 946 KB]

   31548933:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("Act") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF LEON BLACKBURN (STORMWATER) ON BEHALF OF AUCKLAND COUNCIL Dated 1

8. [2016] NZEmpC 172 Twentyman v The Warehouse Ltd [pdf, 234 KB]

   ...implied terms of her employment agreement and personal grievances. [34] The Authority dismissed all of Ms Twentyman’s claims. In doing so it held that her alleged personal grievances had not been raised within time and that TWL had not consented to them being raised late. The Authority accepted TWL’s claim that Ms Twentyman had breached her duty of good faith and an implied term of her employment agreement. A penalty of $1,500 was imposed on her and made payable t...

9. 2021-03-14 Tom De Pelsemaeker - Supplementary - Appendix 1 [pdf, 314 KB]

   ...This version of proposed Plan Change 7 comprises a consolidation of the amendments to the provisions proposed by Tom de Pelsemaeker in his Evidence in Chief dated 7 December 2020, his Evidence in Reply dated 19 February 2021 and Supplementary Statement of Evidence dated 14 March 2021. All new text proposed in Evidence in Chief is shown underlined. All text proposed in Evidence in Chief to be omitted is shown in strikethrough. All new text proposed in Evidence in Reply is s...

10. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

    ...3 What was said between Mr Richardson and Mr Menefy outside the meeting room, and whether such alleged remarks were made on a ‘without prejudice’ basis, was the subject of dispute between the parties. Given that I do not find these alleged statements to be decisive of the plaintiff’s claim, I do not intend to make any finding as to admissibility. “when it was quite apparent that Mr Menefy had already made his decision in regards to Mr Jonas’ future employment with