Search Results

1. [2019] NZEnvC 030 Zindia Limited v Marlborough District Council [pdf, 5.7 MB]

   ...[5] For the reasons we traverse, we find it unnecessary to determine various subsidiary points covered in Zindia's submissions. Those include whether r 4.5.4 was in legal effect at the relevant time or· is superseded and rendered nugatory by permitted activity regulations of the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017. Statutory framework Section 9(2) RMA [6] Central to the determination of the appeal is the proper inte...

2. Mr G v Waikato Bay of Plenty Standards Committee 2 [2024] NZLCDT 28 (11 September 2024) [pdf, 134 KB]

   ...to retract his admission of misconduct. He claims he was induced to make that admission on 25 March 2024 by his expectation that the Standards Committee would not seek strike-off. He contends that an injustice will be done to him if he is not permitted to revert to his former denial. [2] In this decision, we consider: • What was the context in which he admitted misconduct? • What principles apply? • Will he suffer an injustice if he is not permitted to retract? What was...

3. PC8 ANNEXURE B attendances at mediations on Primary Sector provisions 23 July 2021 [pdf, 131 KB]

   ...for the upgrading of existing animal waste systems Amended rule 12.C.0.2 Consequential amendment New rule 12.C.0.4 Prohibited activity rule - Discharge of animal waste from an animal waste system New rule 12.C.1.4 Short term permitted activity rule - Discharge of animal waste, or water containing animal waste, from an animal waste system New rule 12.C.2.5 Restricted discretionary activity rule - Discharge of animal waste, or water containing animal...

4. [2018] NZEnvC 200 Kawau Island Action Incorporated Society v Duke & Auckland Council [pdf, 285 KB]

   ...proposal to alter an existing boatshed by adding new cladding and sliding section to house a helicopter landing pad and to use the structure for associated purposes; (b) a copy of page 12-3 of the Auckland Unitary Plan (AU P) which includes part of permitted activity rule 12.5.1; (c) 9 photographs apparently showing the old shed with wooden piles; 4 (d) 2 photographs showing the partly built new shed with steel frames; (e) 2 pages of building consent plans depicting steel fram...

5. [2022] NZEnvC 136 Heritage New Zealand Pouhere Taonga v Marlborough District Council [pdf, 1.6 MB]

   ...D] 10.M.2 Rules … [RPS, R, C, D] 10.M.3 Support ... Volume One 10. Heritage Resources and Notable Trees 10 – 3 Volume 2: 4. Make changes to the heritage rules as set out below: Chapter 2 - Heritage Resources 2.24. Permitted Activities Unless expressly limited elsewhere by a rule in the Marlborough Environment Plan (the Plan), the following activities shall be permitted without resource consent where they comply with the applicable standards in 2.25: [R,...

6. ME v KT & EN [2024] NZDT 821 (7 October 2024) [pdf, 156 KB]

   ...what work would have been required had ME chosen to have the overflow go to private drainage. 5. Clause 7.3(5) of the sale and purchase agreement says the vendor warrants and undertakes that at settlement where the vendor has done or caused or permitted to be done on the property any works any permit, resource consent, or build consent required by law was obtained; and to the vendor’s knowledge, the works were completed in compliance with those permits or consents. 6. The work to...

7. [2020] NZIACDT 49 - HQT v Singh (19 November 2020) [pdf, 309 KB]

   ...further states that Kevin explained their approach, with the complainant replying that he understood. He advised his intention to get married. [39] Mr Singh sent a text to the complainant on the same day regarding the process of obtaining a marriage licence, though he did not identify himself as the author of the email. [40] Mr Singh rang the complainant on 12 April 2019, but he was not available. When the complainant rang back, Mr Singh was not available. The complainant spoke t...

8. [2023] NZEnvC 011 Airbnb Australia PTY Limited v Queenstown Lakes District Council [pdf, 15 MB]

   ...a. aerials and/or antennas, mounting fixtures, mast caps, lightning rods or similar appendages for the purpose of telecommunications but not including dish antennae which are attached to a mast or building, provided that the maximum height normally permitted by the rules is not exceeded by more than 2.5m; and b. chimneys or finials (not exceeding 1.1m in any direction); provided that the maximum height normally permitted by the rules is not exceeded by more than 1.5m. See interpretive...

9. ENVC Hearing 27Jul15 AC suppl evidence Nicole Bremner [pdf, 180 KB]

   ...under the District Plan. While Mr Dunn has not prepared supplementary planning evidence, I understand that this approach is based on his evidence in chief (EIC)18 to the effect that the joining of the parking deck to the existing roadway will meet permitted activity standards, and accordingly no land use consent / conditions are required19. 15. I attached a table to my EIC as Annexure A summarising the consent requirements in the event that the Applicant decided to proceed with...

10. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

    ...and made an offer. There were many communications between vendors and licensee, and the latter and the complainants. [3] On viewing the property, the complainants were concerned that a wood-burner installed at the property might not be properly permitted. [4] On 3 May 2010, the licensee sent an email to the vendors of the property asking their consent to her (as agent) or the purchasers applying for a certificate of acceptance and building consent, if required, for the wood burner c...