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1. Summary of submissions and final decisions [pdf, 347 KB]

   ...section. Applicants for legal aid who are in prison do not have a household income and usually have no funds to pay for legal fees. Can the form be shortened for applicants in prison? We agreed. Schedule 1(4)(1) of the Act, states that the resources of a partner are not included when the person is living apart from their partner. An explanatory note has been added under the income section to advise “if in prison, your partner’s income and assets are excluded wh...

2. OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV 20210628 [pdf, 481 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF AND The Resource Management Act 1991 Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 28 June 2021 held in Dunedin Court: Enviro...

3. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees Exhibits B to H [pdf, 15 MB]

   ...Elizabeth Pischief (DoC, NZAA filekeeper, Napier) Ministry of Maori Development, Gisborne Dave Para (DoC, East Coast) Abbreviations used in the report HPT (NZHPT) New Zealand Historic Places Trust - Te Pouhere Taonga HPA Historic Places Act, 1993 EMA Resource Management Act, 1991 MHC Maori Heritage Council PCE Parliamentary Commissioner for the Environment 2 NGA KORERO KEY CONCEPTS These discussions flowed around the room giving everyone the opportunity to speak about their interpret...

4. [2019] NZEnvC 091 Jacks Point Residential No. 2 Limited v Queenstown Lakes District Council [pdf, 135 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 91 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act JACKS POINT RESIDENTIAL NO.2 LIMITED & OTHERS (ENV-2018-CHC-137) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 21 May 2019 Date of Issu...

5. Cabinet Minute Strategic Approach to Support the Response to the Royal Commission of Inquiry into Historical Abuse [pdf, 298 KB]

   ...10:04:33 B U D G E T : S E N S I T I V E CAB-19-MIN-0139.01 15 noted that the inquiry process will also impact on a number of Crown entities and Non- Government Organisations (NGOs), and some may not have the capability or resources to comply with the likely requests from the Royal Commission, which could impact on current government services; 16 directed officials to report back to SWC by the end of August 2019 on whether support for NGOs and Crown entities...

6. Tangi v ACC [2013] NZACA 9 [pdf, 35 KB]

   ...However a mixed question of law and fact can amount to an error of law. [5] Even if the qualifying criteria are made out, this Court has an extensive discretion I the grant or refusal of leave so as to ensure the proper use of scarce judicial resources; and leave is not to be granted as a matter of course”. [6] The errors of law alleged are: (i) The award was unreasonable, particularly in light of the hearing having occupied only 2 hours. (ii) It was based on incomple...

7. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   D & B YZENDOORN v HCC – COSTS DECISION IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 130 IN THE MATTER OF an appeal under s 325 of the Resource Management Act 1991 BETWEEN D & B YZENDOORN (ENV-2023-AKL-167) Appellants AND HAMILTON CITY COUNCIL Respondent Court: Environment Judge MJL Dickey, sitting alone pursuant to s 279 of the Act Hearing: On the papers Last case event: Submissions in reply by...

8. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Change of Venue) [2014] NZHRRT 25 [pdf, 49 KB]

   ...instead of Auckland counsel. That choice was made by the SSGT knowing the venue is Auckland. Ms Pender accepted the brief in full knowledge that the hearing was to be in Auckland. [12.2] Although the Director is a statutory officer, he has limited resources and is based in Auckland. The Privacy Commissioner has offices in both Wellington and Auckland but more importantly, he has no role in the proceedings. [12.3] The location of the witnesses for the parties is neutral. [12.4] A c...

9. DL (Decision to Prosecute) LCRO 164/2016 (26 October 2016) [pdf, 46 KB]

   ...referred to the Tribunal.4 The Court explained that:5 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. [12] Previous decisions from this Office have emphasised the need for this Office to proceed with caution when considering whether or not to i...

10. [2019] NZEnvC 204 Auckland Council v Noe [pdf, 342 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND Decision No. [2019] NZEnvC 204- of the Resource Management Act 1991 of an application for ex-parte interim enforcement orders under s320 of the Act AUCKLAND COUNCIL (ENV-2019-AKL-000179) Applicant ROBERT WILLEM NOE Respondent Court: Environment Judge D A Kirkpatrick sitting alone under s309(2) and s320 of the Act Hearing: at Auckland on 18 December 2019 Ap...