Search Results

1. 2023-10-19-2023-WLG-05-NZTA-ONOL-Minute.pdf [pdf, 140 KB]

   ...on a representative (or representatives) to open and close the hearing with a karakia and advise the outcome of that consultation to the Registrar prior to commencement of the hearing. [22] Each of the Councils is directed to prepare a brief statement of its position on the Notices of Requirement and the resource consent applications and the content of the designation and consent conditions with these statements to be presented to the Court at the hearing directly following Waka K...

2. [2017] NZEmpC 53 Eden Group Ltd v Jackson [pdf, 137 KB]

   ...of an independent lawyer, a forensic computer expert and the plaintiff’s counsel. [24] The employment relationship problem was removed by the Authority to this Court in a determination dated 7 June 2016. 6 Thereafter, Eden Group filed a statement of claim in this Court, which repeated the causes of action which had originally been raised before the Authority. Subsequently, the defendants filed a statement of defence denying that they were liable for any of the alleged losses....

3. Ohinemango Lands Trust v Waikawa Lands Trust - Waikawa-Pahaoa 1B & 1C 2C 1B (aggregated) (2019) 223 Waiariki 78 (223 WAR 78) [pdf, 343 KB]

   ...clearly prohibited by s 77. 223 Waiariki MB 83 [19] Further, counsel submitted that the roadway was established to allow access required to undertake the forestry operation on the Waikawa blocks. The trustees of the Ohinemango Lands Trust consented to the roadway when it was established in 1985 and were aware at that time that no compensation would be paid. These terms were explicitly stated and confirmed in the roadway order. As compensation was a central argument, espo...

4. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   ...mining. [13] Mr Galloway for the second respondent emphasised the lack of care that the appellants took in the purchase and their [attempt to] minimise their knowledge of the Waihi area. [14] Evidence was given to the Tribunal of the disclosure statement that Wrightsons now required agents to provide to anyone intending to purchase in the Waihi area. This is a comprehensive statement advising the potential purchaser that mining is a “prolific industry in and around the Waihi distr...

5. Allan v Christchurch City Council [pdf, 81 KB]

   ...O’Donnell (m) Mr B O’Fagan Written evidence before the Tribunal: (i) WHRS documents (ii) Experts’ conference agreement (iii) Assessor’s report (iv) Procedural orders Claimants Written Evidence (v) Witness statement of William Allan dated 18 May 2009 (vi) Witness statement of Gillian Allan dated 18 May 2009 (vii) Brief of evidence of Murray Humm, Expert (viii) Moisture damage report by Murray Humm (ix) Witness statement of Murray Humm in repl...

6. 2021-04-14 Beef + Lamb - ORC PC7 - Opening submissions [pdf, 194 KB]

   ...legitimately undertaken within the bounds of a valid permit. 35. The use of a non-complying activity status for those who cannot meet grandparenting provisions in Rule 10A3.1.1 is unduly harsh. It will be nearly impossible to obtain a resource consent, especially in light of Policy 10A.2.1 which requires Council to avoid granting resource consents where there has been increase in area under irrigation. C. Solutions 36. Ms Marr’s evidence proposed a restricted discretionary rule...

7. [2021] NZEnvC 006 Bay of Islands Maritime Park Inc v Northland Regional Council [pdf, 694 KB]

   ...most explicit in sub-paragraph 43A (6) which allows the regulations to state matters over which control is reserved or discretion restricted. [15] Section 43B addresses certain consequences of such standards including that a rule or resource consent that is more stringent than a national environmental standard prevails over the standard (ss 43B (1) & (2)). However, a rule or resource consent will only prevail over a standard that is more lenient if the standard expressly says th...

8. [2017] NZEnvC 190 Hood v Dunedin City Council [pdf, 4.6 MB]

   ...Appearances: C Thomsen for the appellants R Brooking for the respondent D McLachlan and B Irving for the applicants Date of Decision: 20 November 2017 Date of Issue: 20 November 2017 DECISION OF THE ENVIRONMENT COURT A: The decision to grant consent is confirmed subject to modifying the landscaping conditions and the appeal is otherwise declined. B: Costs are reserved and a timetable set. REASONS I ntrod uction [1] This is an appeal against a decision by the respondent grant...

9. [2020] NZEnvC 106 Rangitane o Tamaki Nui a rua v Manawatu Wanganui Regional Council [pdf, 9.1 MB]

   ...decision on applications deferred pending receipt of further advice from applicant for waiver. REASONS Introduction [1] Tararua District Council (TDC) has made application to Manawatu-Wanganui Regional Council (the Regional Council) for (re)consenting of wastewater treatment plants (WWTPs) which it operates at Pahiatua and Eketahuna. [2] Consents to the applications were granted by the Regional Council but both have been subject to appeals being: • Appeal numbers ENV-2018-WL...

10. ENVC Hearing 6Oct14 AC rebuttal Richard Reinen-Hamill [pdf, 4.2 MB]

    ...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) REBUTTAL STATEMENT OF EVIDENCE OF RICHARD ANTHONY REINEN-HAMILL (COASTAL PROCESSES) ON BEHALF OF AUCKLAND COUNCIL Dated 23 September 2014 BROOKFIELDS LAWYERS M J Dickey / M C Allan Telephone No. 09 379 9350...