Search Results

1. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...Environment Court should proceed. The Court may confirm, reverse or modify that decision in the manner that the Court thinks fit. We note in particular that s59(2) provides that subsection (1) does not limit the powers of the Environment Court under the Resource Management Act 1991 (RMA) . [17] The meaning of these provisions and the application of the Act has been recently considered by the Court in King v Heritage NZ Pouhere Taonga. 3 No party before us sought to dispute the app...

2. [2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board [pdf, 174 KB]

   ...second, the Bay of Plenty District Health Board objects to evidence contained in the briefs of evidence filed by and on behalf of the plaintiff, Dr Mathews. Application for leave to call witness by AVL [2] Ms Wallace is a former human resources associate at the Bay of Plenty District Health Board and its relevant predecessors. Her evidence is clearly relevant to the matters in issue in these proceedings. [3] Ms Wallace has sworn an affidavit in support of the applicatio...

3. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 63 (32 TKT 63) [pdf, 204 KB]

   ...respect for this Court’s jurisdiction. Counsel further submits that it is important to avoid putting the District Court in a position where it needs to choose between continuing a stay and lifting the stay to avoid further use of that Court’s resources. [22] Counsel contends that if this Court was able to indicate its findings in a declaration the District Court may also be able to make a finding on the counter-claim and may be persuaded that this Court has made significant pro...

4. MLC - 2014 September - Speech to the Federation of Māori Authorities national conference [pdf, 444 KB]

   ...them that settlement of our historic Treaty grievances is now in sight. In the post- settlement era, for the next phase of our development, commercial and particularly environmental lawyers are what we need. Māori engagement with environmental and resource management issues is going to be huge in the next 10 to 20 years. We will need lawyers who can combine knowledge of te reo me ona tikanga, and the Treaty, with the practice of environmental law. After 15 or so years as a corporate lawy...

5. Consultation paper enabling on site audits [pdf, 481 KB]

   ...to provide us with a range of closed files. 18. In some instances on-site audits could be conducted at the same site on more than 1 provider, for example at larger firms. This is a more cost-effective option and may allow us to use our auditing resources in a more efficient manner, notwithstanding that the regulatory framework requires a separate audit for each provider. 19. The proposed changes remove the current inference that on-site audits are solely associated with serious qualit...

6. [2023] NZEnvC 147 Gertrude's Saddlery Limited v Queenstown Lakes District Council [pdf, 391 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA K IOTAUTAHI IN THE MA TIER AND BETWEEN AND Decision No. [2023] NZEnvC 147 of the Resource Management Act 1991 an application for declaration under s311 of the Act GERTRUDE'S SADDLERY LTD (ENV-2022-CHC-63) Applicant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan (Sitting alone under s309 of the Act) Last case event: 20 December 2022 Date of Decision: 6...

7. Waikato Bay of Plenty Standards Committee 2 v W [2014] NZLCDT 14 (1 April 2014) [pdf, 81 KB]

   ...maximum fine would have been $5,000.00 under the 1982 Act. It is our view that although the seriousness of this situation would normally demand the imposition of a fine, we consider that given the financial circumstances of Mr W that his meagre resources are better directed to costs and the costs of the proceedings. 5 [16] His circumstances, just in summary, are that he has no income because he is unable to work at the present time as a result of his illness which is ong...

8. ENVC Hearing 6Oct14 AC revised evidence chief Shumane tracked [pdf, 403 KB]

   31551164:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("Act") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF WISSAM (SAM) SHUMANE TRAFFIC ENGINEER – BE (Civil), MIPENZ, CPEng...

9. 2020-12-02 Minute Final Timetable and Expert Conferencing Directions [pdf, 138 KB]

   ORC – PC7 - PHC 27 NOVEMBER 2020 - FINAL TIMETABLE AND EXPERT CONFERENCING DIRECTIONS BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND 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 COUN...

10. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

    ...of the way it was constructed? 6. XB and TB have emphasised that both the final location and construction of the access at issue by the original developer has not been in accordance with council ([X Council]) requirements and has departed from resource consent conditions. A contractor for XB and TB has advised root incursion was inevitable, and that insufficient excavation and back-filling occurred during construction. XB and TB are very critical of what they see as X Council’s not...