Search Results

1. [2023] NZEnvC 030 Te Rūnanga o Kaikōura v Marlborough District Council [pdf, 1.3 MB]

   pMEP – Topic 22 – Consent order IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 30 IN THE MATTER of the Resource Management Act 1991 AND appeals under Clause 14 of the First Schedule of the Act BETWEEN TE RŪNANGA O KAIKŌURA TE RŪNANGA O NGĀI TAHU (ENV-2020-CHC-46) (and all other appellants listed at the end of this consent order) Appellants AND MARLBOROUGH DISTRICT COUNCIL Respondent Environme...

2. [2019] NZEnvC 102 Hawkes Bay Fish Game Council v Hawkes Bay Regional Council [pdf, 9 MB]

   ...Catchment Area; and c) Tukituki Catchment Area. -5- As annotated for Environment Court 1 November 2018 1A. Policy LW2.1 applies: a) when preparing regional plans for the catchments specified in Policy LW2.1; and b) when considering resource consents for activities in the catchments specified in Policy LW2.1 when no catchment-based regional plan has been prepared for the relevant catchment. 2. In relation to catchments not specified in Policy LW2.1 above, the management approach...

3. [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....

4. 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...

5. 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...

6. Jones v Wickliffe - Memorandum re CIV 2009-463-471 [2011] Māori Appellate Court MB 568 (2011 APPEAL 568) [pdf, 50 KB]

   ...2009- 463-471) BETWEEN POLLY PAREHUATAHI WHATA JONES Plaintiff AND DAVID WICKLIFFE Defendant MEMORANDUM OF THE COURT [1] On 20 April 2011, the High Court at Rotorua, by direction of Associate Judge Christiansen, issued a Statement of a Case to this Court concerning ownership and the right to possession of two kakahu the subject of proceeding CIV-2009-463-471 in that Court. [2] Following a direction of the Chief Judge of the Māori Land Court dated 13 June 20...

7. 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...

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. 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...

10. [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...