Search Results

1. [2024] NZEnvC 283 Harbottle Road Residents v Matamata Piako District Council [pdf, 372 KB]

   ...placement Measured at notional boundary adjacent to privately occupied dwellings: Max. 55dBA for the Hours of Operation being: All Year 6.30 am - 6.00 pm Monday to Friday 6.30 am – 12.00 noon Saturdays No operations of any type will be permitted to be carried out on Sundays and public holidays The noise level shall be measured and assessed in accordance with the requirements of New Zealand Standard NZS 6801:1991 "Measurement of Sound" and New Zealand Standar...

2. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...consequence, but with the decision now issuing, most of the purpose of the orders is now spent. [3] We will set out the relevant provisions of the AUP, but for the purposes of this introduction record that the Applicants contended that film making is a permitted activity, while the Council had advised them that a non-complying activity consent was required because film making activities did not fall under the definition of "manufacturing", 1 [4] The Applicants contended th...

3. Ha v The Real Estate Agents Authority (CAC 412) and Griffiths [2018] NZREADT 57 [pdf, 369 KB]

   ...August 2013 at page 47 of the “Initial Referral Report”: “As indicated to you this property however is not a residential property, it is zoned “village”, and the principal and prime use of the zoning under “village” under the permitted activity is that of farming. It is not zoned residential.” The opinion however has no regard to the “Discretionary Activities” that are permitted pursuant to the “village zone”, and more importantly, has no regard...

4. Roest v Cottle Designer Homes Ltd (in liq) [2010] NZWHT Auckland 1 [pdf, 134 KB]

   ...Sale and Purchase (ADLS Seventh Edition (2) July 1999) provides that: 6.0 Vendor’s warranties and undertakings 6.2 The vendor warrants and undertakes that at the giving and taking of possession: (5) Where the vendor has done or caused or permitted to be done on the property any works for which a permit or building consent was required by law: (d) All obligations imposed under the Building Act 1991 were fully complied with. [9] The claim is that Mrs Cottle has breach...

5. Government-response-to-the-Law-Commissions-report-Class-Actions-and-Litigation-Funding.pdf [pdf, 357 KB]

   ...indicates that the Government will need time to work through the policy, operational and legislative implications of the Law Commission’s recommendations; and 8.6. indicates the Government’s intention to advance this work as quickly as resource permits. Background 9 The Law Commission recently completed a review of the law relating to class actions and litigation funding. The review was prompted by the legal profession as the absence of specific legislation and regulation relatin...

6. [2022] NZEnvC 214 Palmerston City Council [pdf, 335 KB]

   ...subdivision. New bespoke performances standards for stormwater management and transport network requirements have also been included. 31 Buildings [27] Dwellings, minor dwellings and accessory buildings in the Aokautere Residential Area are a permitted activity where they comply with the performance standards described in R10.6. 1.5. The exception is where the dwellings, minor buildings or accessory buildings are located within the medium density areas proposed in the Structure Pl...

7. Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust (2018) 385 Aotea MB 7 (385 AOT 7) [pdf, 402 KB]

   ...of the Māori Land Court the appropriate response is to appeal to a higher court, rather than going to the court below to revisit its own decision. [12] In summary, Ms Hughes submits that the Court’s use of its inherent jurisdiction does not permit it to act as an appellate body in its own cases and this is not a situation where it is clear that a process or similar error has been made justifying a recall. Mr Maruera has not disputed the fact he had appeal rights but chose not to...

8. [2021] NZEnvC 198 Kaiuma Farm Limited v Marberry Estate Limited [pdf, 259 KB]

   ...the farm and its environment, and which would also have the effect of protecting Kaiuma Bay. [12] On 17 – 19 July 2021, there was a storm event causing widespread slips and flooding. [13] On 24 August 2021, M & R gave notice to MDC of permitted activity works under the NES-PF. MDC provided an acceptance letter confirming receipt of the 6 notice, for “clean-up, track maintenance and extension, and culvert installations at the Kaiuma Bay Forest following the adverse...

9. [2018] NZEnvC 157 Royal Forest Bird Protection Society of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 20 MB]

   ...within Outstanding Natural Features and Landscapes (ONFL), Outstanding Natural Character areas (ONC) and Indigenous Biodiversity Areas category A (IBDA­ A); and (b) those relating to Iwi Management provisions as they affect status of certain permitted activities and some wider rewording. 3 Background [2] Prior to the High Court decision being received, on the Forest & Bird1 infrastructure appeal, the Court held a telephone conference with the parties to address the int...

10. Eichelbaum v CAC303 & Anor (ruling) [2016] NZREADT 3 [pdf, 171 KB]

    ...[23] However, Mr Hodge notes that we have wide procedural powers and the Act contemplates that we finally dispose of matters on appeal rather than remit them back to Committees for further hearings. Accordingly, he submits that we have the power to permit cross-examination of witnesses who have put their account of events before the Committee, to allow further evidence to be admitted, and to hear an appeal de novo, if justified in the circumstances of a particular case. [24] The Author...