Search Results

1. [2020] NZEnvC 161 Bunnings Limited v Auckland Transport.pdf [pdf, 213 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU Decision No. [2020] NZEnvC I 6 / Court: . Submissions: IN THE MATTER AND BETWEEN AND AND of the Resource Management Act 1991 (the Act) of an application under s 311 and s 292 of the Act BUNNINGS LIMITED (ENV-2019-AKL-000171) Applicant AUCKLAND TRANSPORT First Respondent AUCKLAND COUNCIL Second Respondent Alternate Environment Judge LJ Newhook sitting alone under...

2. READT annual report 2022 [pdf, 274 KB]

   ...consider such a decision of the Registrar.31 That application was eventually withdrawn by the applicant. THE YEAR AHEAD As tribunals move away from travelling to hearings being held remotely, the demand on the Ministry’s limited AVL resources is becoming acute. It will be necessary for the Ministry to continue augmenting such resources. I record my agreement with the observation of Hon. Pamela Andrews in her last report concerning licensees’ mandatory continuing...

3. [2023] NZEnvC 087 Aratiatia Livestock Limited v Southland Regional Council [pdf, 193 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 87 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-29) (and all other appellants listed in the Schedule attached) Appellants AND SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Deputy Environment Commissioner R M Dunl...

4. [2020] NZEnvC 207 Tussock Rise Limited v Queenstown Lakes District Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 207 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TUSSOCK RISE LIMITED (ENV-2018-CHC-121) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Sitting alone pursuant to s279 of the Act Hearing: In Chambers at Christchurch D...

5. Advocacy-in-the-Employment-Court-Some-Observations-2014.pdf [pdf, 278 KB]

   ...square. Is it preferable to pursue a breach of an Authority compliance order in the Court or might the District Court processes offer some advantages? Not all litigation in the Employment Court warrants a belts and braces approach. The amount of resource reasonably required, given the nature and magnitude of the claim and the interests at stake, is a matter of judgment. It pays (in both a literal and figurative sense) to assess this at the outset and to regularly review it, with...

6. [2017] NZEnvC 143 Nelson City Council [pdf, 882 KB]

   ...342 and the 10th Schedule of the Act to stop part of a legal road at Scotia Street, Nelson shown as Section 1 on SO Plan 475386 NELSON CITY COUNCIL (ENV-2017 -WLG-000035) Applicant Court: Environment Judge B P Dwyer sitting alone under s 279 Resource Management Act 1991 Heard: In Chambers at Wellington DECISION ON ROAD STOPPING APPLICATION Decision Issued: - 4 SEP 2017 A: Council's decision to stop a portion of Scotia Street is reversed. Application declined. Introd...

7. Savage v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 083 [pdf, 273 KB]

   ...construed or interpreted and applied to the facts is a question of law …. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law …. [13] In Gilmore,5 Dunningham J stated: [55] I accept that, for the purposes of leave...

8. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   Auckland Council v A & E Banora Amendment to Order IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 045 IN THE MATTER of the Resource Management Act 1991 (RMA) AND of an application to amend enforcement orders pursuant to s 321 of the RMA BETWEEN AUCKLAND COUNCIL (ENV-2019-AKL-000280) Applicant AND ALEXANDER N BANORA First Respondent AND EMANUELLA BANORA Second Respondent Court: Chief En...

9. [2021] NZEnvC 080 Invercargill City Council v Smith [pdf, 232 KB]

   ICC V SMITH – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 80 IN THE MATTER of the Resource Management Act 1991 AND an application for enforcement orders under ss 314, 315, 316 and 319 of the Act BETWEEN INVERCARGILL CITY COUNCIL (ENV-2019-CHC-119) Applicant AND CALLUM DAVID SMITH Respondent Court: Environment Judge P A Steven Hearing: at Invercargill on 8 June 2021 Appearances: M D Morri...

10. Affidavit of S Rotmann in support of Guardians of the Bay and Hue te Haka to Strike Out (16 November 18) [pdf, 505 KB]

    ENV -2016-WLG-000058 IN THE ENVIRONMENT COURT WELLINGTON REGISTRY UNDER IN THE MATTER OF BETWEEN AND section 274 of the Resource Management Act 1991 ("Act") a Notice of Motion under section 87G requesting the granting of resource consents to WELLINGTON INTERNATIONAL AIRPORT LIMITED for the Wellington International Airport Extension of Runway: Construction, Operation and Maintenance GUARD~NSOFTHEBAYSandHUET~TAKA Applicants for strike out / section 274 parties...