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1. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   ...intensification within it. Accordingly, the 4 parties are agreed that intensification is envisaged by the AUP, even within Special Character Areas; but it is important to retain the overall character and amenity. We agree that this can be done through appropriate conditions of consent in appropriate cases. Effects of conditions [11] In practical terms the Court notes that this site is adjacent to a commercial area, and that is noted as such within the AUP. It is also situated...

2. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

   ...accordance with conditions 11, 15 and 16 (or the other similar conditions). Morningstar also subsequently sought a section 224(c) certificate, even though they had not undertaken any steps to comply with those conditions. Subsequently, Morningstar through their director, Mr Morgenstern and his wife, signed Bonds, including those for the maintenance under conditions 16 and their equivalents under the other consents. For current purposes, we attach the Bond relating to consent 40735 as...

3. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   ...METHODOLOGY 1. By letter dated 10 November 20111 from the Minister of Justice, I was asked to investigate the claim for compensation of David Cullen Bain arising out of his wrongful conviction by a Dunedin jury on 25 May 1995 of the murder of his parents, Robin and Margaret, and his sisters Arawa and Laniet, and his young brother Stephen. All were killed at their home at 65 Every Street, Andersons Bay, Dunedin, in the early hours of 20 June 1994. 2. The convictions were declared...

4. [2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 422 KB]

   ...[40] During the 26 June 2017 meeting Ms Dickson described the need to have a constructive and supportive supervised arrangement for Mr Gumbeze’s work. She agreed to make further inquiries about resources that might be available to help work through what had become a difficult situation, one that was not based on “fault-finding or blame”. Ms Dickson described this process as taking a holistic and solution-focused approach. The inquiry widens [41] What happened next was...

5. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   ...................................................................................................... 590 2 OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV DUNEDIN - (17 May 2021) COURT RESUMES ON MONDAY 17 MAY 2021 AT 9.33 AM THE COURT: JUDGE BORTHWICK Good Morning, we’ll just take a quick call through see who’s here, so Mr Maw, you’re here, Ms Mehlhopt you’re here, Mr Page, Mr Welsh, Ms Baker-Galloway and there may well be other parties, farming parties who are re...

6. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   ...................................................................................................... 590 2 OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV DUNEDIN - (17 May 2021) COURT RESUMES ON MONDAY 17 MAY 2021 AT 9.33 AM THE COURT: JUDGE BORTHWICK Good Morning, we’ll just take a quick call through see who’s here, so Mr Maw, you’re here, Ms Mehlhopt you’re here, Mr Page, Mr Welsh, Ms Baker-Galloway and there may well be other parties, farming parties who are re...

7. Waitangi Tribunal - He Whiritaunoka (Whanganui) chapter 28 [pdf, 857 KB]

   ...presentation to us of claims like these was encouraged by our discrete remedies process (see chapter 23 for a description of that process). although, with one exception, these claims were not dealt with discretely as ori­ ginally planned, we report on them separately, and anticipate that separate remedies will be available to the particular individuals or groups concerned. We expect that both the larger and smaller treaty breaches will be the subject of redress, and it is for the parties...

8. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...While the common law recognised that the Crown could grant private title over the foreshore and seabed, such grants were subject to the public rights of navigation and fishing. In New Zealand the common law rights to public access have been codified through legislation. There is a presumption against alienation of the coastal marine area. This is akin to the American doctrine of public trust which holds that public land under navigable waters cannot be irrevocably surrendered to private i...

9. [2020] NZEnvC 024 Panuku Developments Limited v Auckland Council [pdf, 1.7 MB]

   ...application for resource consents to construct a new multi-level mixed-use development on eight adjoining sites at 198-202, 214-222 Dominion Road and 113- 117 Valley Road, Mount Eden, Auckland (the site). The development at this stage comprised four separate buildings containing 102 residential units, nine retail units and 116 carparks. The proposal required all the existing buildings on the site, including two character supporting buildings, to be demolished. [2] The application was...

10. ENVC Matiatia transcript 20141006 [pdf, 5.4 MB]

    ...NEWHOOK ADDRESSES COUNSEL – DRAFT CONDITIONS AND CONSENT MR R BRABANT READS OPENING SUBMISSIONS “Granting consent to…. Of Environmental Effects,” and I pause there to say, Sir, my co-counsel has done extensive footnoting all the way through. I won’t go to any footnote, Sir, unless I felt I wished to, but I am as always, Sir, very happy for an interruption in my submission if someone wishes to pause and look at something or ask me about something. THE COURT:...