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1. TX v V Ltd [2023] NZDT 227 (22 May 2023) [pdf, 150 KB]

   ...following reasons: CI0301_CIV_DCDT_Order Page 3 of 4 - [Properties 1 and 2]: Clause 25.7 of the sale and purchase agreements say the agreement is conditional on the Vendor obtaining the Code of Compliance Certificate within 12 months from accepted Resource Consent. I accept the evidence of V Ltd that these are new build properties, the Record of Title did not issue until 1 July 2022, and Code of Compliance did not issue until 5-10 days before settlement. V Ltd has provided their...

2. 2023-07-05-Memorandum-of-Counsel-for-the-Applicant-5-July-Timetable.pdf [pdf, 241 KB]

   ...thaddeus.ryan@buddlefindlay.com Tel 64 4 462 0423 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 IN THE ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ROHE ENV-2023-WLG-000005 Under the RESOURCE MANAGEMENT ACT 1991 In the matter of the direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By W...

3. Young v Accident Compensation Corporation (leave to appeal to High Court) [2022] NZACC 248 [pdf, 201 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 … 2 O'Neill v Accident Compensation Corporation [2008] NZACC 250. 4 [9] In S...

4. [2022] NZEnvC 031 Thames-Coromandel District Council v Hopwood [pdf, 291 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF BETWEEN AND Decision [2022] NZEnvC an application for enforcement orders under s 316 of the Resource Management Act 1991 (the Act) THAMES-COROMANDEL DISTRICT COUNCIL (ENV-2021-AKL-150) Applicant R THOPWOOD Respondent Court: Judge MJL Dickey, sitting alone pursuant toss 279(1) and 309 of the Act Hearing: Last case event: Counsel: Date of Decision: Date of Iss...

5. Hristovski v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 100 [pdf, 203 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 … . [16] In Cullen,4 the Court of Appeal stated the following principles applying to the...

6. [2021] NZEnvC 150 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 164 KB]

   WPDL v QLDC – WAIVER DECISION – SEPTEMBER 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 150 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN WATERFALL PARK DEVELOPMENTS LIMITED (ENV-2019-CHC-90) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan, sitting alone Hearing: By ju...

7. [2024] NZEnvC 143 Cooper v Kaipara District Council [pdf, 857 KB]

   Cooper v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 143 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 (Act/RMA) BETWEEN ALMA AND PETER COOPER, AMY AND GREG CRAMOND, NIKKI HARRIS, SUSAN HODKINSON, NATASHA AND JOHN LEE, JONATHAN AND PATRICIA MCKINNEY (ENV-2022-AKL-000142) Appellants AND KAIPARA DISTRICT COUNCIL Respondent AND VERMONT STREET PARTNERS L...

8. E12 John Mckensey - Lighting - EIC - Applicant [pdf, 4.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF JOHN KINROSS MCKENSEY ON B...

9. Addressing-Stalking-in-NZ_Final-pack.pdf [pdf, 1.7 MB]

   ...this will create inconsistencies in the law whereby there will be two definitions of harassment: one for civil law and another for criminal. Officials will begin work to resolve inconsistencies with the civil law once this Bill has passed, subject to resourcing and policy priorities. 21 While not a complete solution, legislative change to the criminal law will contribute to public safety, make a statement that stalking is illegal, and better reflect peoples’ experience of stalking....

10. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

    ...feasible to carry all previous strikes wholesale into the new regime due to these differences. • Any assessment of whether specific previous strikes should be recognised would likely be a laborious and complex exercise, requiring significant court resources. • This is because it would need to be established whether the sentencing that resulted in a strike penalty under the previous regime would result in a strike penalty under the new regime. • S9(2)(h) • A judge must already...