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1. DG of Conservation MJ Brass Supplementary Evidence on pRPS 20 July 2021 [pdf, 124 KB]

   ...NPSFM 2020 to potentially remain in force until 2031. However, as this only applies to the Upper Lakes rohe and the Catlins FMU this is likely to be relatively low risk, given the relatively lower levels of abstraction and low numbers of deemed permits in those FMUs. Also, it is likely that most or all replacements of deemed permits will have terms expiring before 2030, given that the deemed permits themselves finally expire on 1 October 2021. 15. The other rohe and FMUs include mo...

2. 2021-03-16 WISE - MOC - ORC evidence [pdf, 201 KB]

   ...March 2021 for Otago Regional Council will be adequately addressed in so far as it affects Wise Response’s submissions through the expert witness conferences. [5] We note that while those clarifications are related to Trustpower’s deemed permits, and Wise Response is not engaged in that expert conferencing, the real relevance will lie in the primary sector conference in which our expert witness Dugald MacTavish will be participating. [6] My apologies for the delay in respond...

3. 2021-05-21 OWRUG - MOC - notice of cross-examination of JWS witnesses [pdf, 96 KB]

   ...– Schedule 10A.4 primary/irrigation; (b) Presentation of Joint Witness Statement Schedule 10A.4: Planning; (c) Presentation of Joint Witness Statement Schedule 10A.4: CA and RDA Rules; (d) Presentation of Joint Witness Statement on deemed permits and associated rights of priority. (e) Dr Somerville QC1 Date: 21 May 2021 P J Page Counsel for OWRUG 1 Not really.

4. [2022] NZEnvC 176 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 317 KB]

   ...decision deals with both applications together. [7] Vortac’s essential argument is that if the purpose of the order, as expressed in it, is to ensure compliance with a particular rule in a plan, then if the present state of the works is within the permitted standards of that rule there is no longer any reason to remove such works. [8] The Council’s essential response is that a person who is subject to an order made as part of the sentence on conviction for an offence should not...

5. FINAL-2025-International-surrogacy-protocol.pdf [pdf, 93 KB]

   ...successfully. The protocol expired upon the expiry of the Epidemic Notice issued under the Epidemic Preparedness Act 2006. The Law Commission has recommended the process continue in their report urging reform in this area. The Adoption Act 1955 permits adoption applications to be considered by the Court when the applicants and the child/children are not physically in New Zealand. Amendments to the Family Court Rules now permit electronic filing of applications and the use of remo...

6. [2018] NZEnvC 027 Kumeu Property Limited v Auckland Council [pdf, 17 MB]

   ...residential care. [43] As a result, we conclude that a aged care facility (Retirement village/ supported residential care) is contemplated in the Countryside Living Zone for the following reasons: • Residential dwelling houses have the status of permitted activities, provided they meet the standards. Residential Dwellings that do not meet standards, others listed and all other residential activities require consent as Restricted Discretionary activities. • Although we were not...

7. Trustees of Tauwhao Te Ngare Trust v Shaw – Tauwhao Te Ngare Block (2013) 2013 Chief Judge’s MB 567 (2013 CJ 567) [pdf, 193 KB]

   ...land. 21. I understood the purpose of this aerial diagram being presented to me by Mr Taingahue was to demonstrate that if the 1976 roadway order was formed, lying directly in its path is a house for which the trustees have granted an occupation licence. The path of that road also runs very close towards a cluster of houses which comprise the papakāinga. 22. Attached and marked “3” is an aerial photograph which was attached as exhibit “B” in an affidavit of Mr Donald Shaw dat...

8. ORC - Melanie Heather - Evidence in Reply - 11 March 2022 [pdf, 146 KB]

   ...there is no ORC resource consent. (b) Statement of Evidence of Claire Hunter on behalf of Willowridge Developments Limited and Remarkables Park Limited dated 25 February 2022 in relation to the costs associated with monitoring her proposed new permitted activity rule. 5 I have also read the Statement of Evidence of Alison Devlin on behalf of Willowridge Developments Limited dated 25 February 2022 and do not specifically respond to matters raised in her statement of evidence unle...

9. HortNZ - EiC - V Hodgson - Planning (5 Feb 2021) [pdf, 341 KB]

   ...Louise.Ford@ahmlaw.nz (09) 304 0429 IN THE ENVIRONMENT COURT OF NEW ZEALAND ENV-2020-CHC-128 CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change – Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of a...

10. [2020] NZREADT 36 - Complaints Assessment Committee 1904 v Bright (24 August 2020) [pdf, 217 KB]

    ...her consent. [3] Mr Bright intends to represent himself at the hearing. He has advised the Tribunal that he wishes to cross-examine the complainant on her evidence. On behalf of the Committee, Ms Mok has sought a direction that Mr Bright is not permitted to cross-examine the complainant himself. Submissions [4] Ms Mok referred to s 95(1) of the Evidence Act 2006 and submitted that, in the context of criminal proceedings, a defendant in a sexual case is not permitted to persona...