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1. [2015] NZEnvC 191 Tram Lease v Auckland Transport and Auckland Council [pdf, 2.9 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2015] NZEnvC lq \ IN THE MATTER of 6 appeals under Section 174 of the Resource Management Act 1991 (the Act) BETWEEN AND AND TRAM LEASE LIMITED (ENV -2014-AKL-000057) First Appellants SAMSON CORPORATION LIMITED AND STERLING NOMINEES LIMITED (ENV-2014-AKL-000055) Second Appellant MEDIA WORKS HOLDINGS LIMITED (ENV-2014-AKL-000058) Third Appellant STAMFORD PLAZA AUCKLAND (ENV-2014-AKL-000059) Fourth Appellant THE...

2. ENVC Matiatia party corresp RPMay15 coastal permit draft conditions [pdf, 181 KB]

   ...Marinas Ltd: Matiatia Marina 22 May 2015 Coastal Permits: 41032 for Marina Structures & Occupation, Applicants Draft Consent Conditions General Conditions 1. Lapsing of Consents The consents, shall pursuant to Section 125 of the Resource Management Act (RMA hereafter), lapse ten (10) years after commencement of the consent unless: (a) The consents are given effect to; or (b) The Council extends the period after which the consents lapse. 2. Consent Expiry for Other Ac...

3. Proactive-Release-Coroners-Amendment-Bill-FINAL.pdf [pdf, 1.7 MB]

   ...mean fewer unnecessary inquests will need to be held.3 While the number of cases that would not need to go to inquest due to this amendment is not expected to be large, it will still have some impact as any inquest is a significant drain on coroner resources and support staff. 2 The prescribed form is provided under regulation 5 of the Coroners (Forms) Regulations 2008. 3 ‘Unnecessary’ in the sense that, in all other respects, and having regard to the statutory criteria in the Act, t...

4. OIA-100246.pdf [pdf, 1.4 MB]

   ...‘officer in charge’ of a file means there is no one for the lawyer to talk to about the file before a plea is entered. One of the participants in Manukau thought the way the Police was managing their files was a result of them being under-resourced, noting: The Police being understaffed is a massive issue. 4.4.5 No-one is Monitoring Behaviour There was a strong sense in both Christchurch and Manukau that there is no real accountability in the system. This means that poor...

5. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   ...and one family flat per site, on sites up to 40 hectares, as a permitted activity. For two or more residential dwelling units or family flats on the block, it is considered a discretionary activity under the District Plan requiring a specific resource consent.8 6 445 Aotea MB 54-56 (445 AOT 54-56); and 445 Aotea MB 57-59 (445 AOT 57-59). 7 There is no occupation order or similar in place with respect to this dwelling. 8 See Affidavit of Vincent Ashman, Horowhenua District Cou...

6. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...contract. Nor was he able to give any rational explanation as to how and why it would have gone missing, had it ever existed. Mr Taylor said that Mr Pickering's employment agreement dated 19 January 2007 had been drawn up by Sealord's Human Resources Department (HR) and he believed that HR would also have drawn up the contract between Mr Pickering and United Fame but no one from HR was called as a witness to support that proposition. I found Mr Taylor's evidence in...

7. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

   ...I'm not prepared however at this stage to remove them completely, and when I say that I'm not doing it as any favour to them, I do it as a saving for the people, for the committee of management notwithstanding what has happened are a human resource for the people, it still has a chance to make a contribution. I agree wholeheartedly with Mr Te Rapai that the incorporation is out of control, and I must consider what the best way is to get it back on the rails, and I have decided to act...

8. Koso v Chief Executive Ministry of Business Innovation and Employment [2014] NZHRRT 39 [pdf, 133 KB]

   ...submissions for the Commissioner stress, it should be recognised that in other circumstances split decisions can be seriously unhelpful. They can create confusion for requesters about what will and will not be provided. They can also increase the resources that agencies spend on requests. If there is one decision, the agency will be much clearer about what it has and has not done. The Commissioner points out that requesters do occasionally argue that they should be drip-fed information...

9. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...agenda to give trustees clear notice of matters to be discussed. Draft minutes are sent out by email and approved at subsequent meetings. As the Trust is a discrete, low risk asset with no income they have operated on the basis that they do not have resources or the need to prepare and 475 Aotea MB 296 circulate reports. While they have been attempting to get to a position with bi-monthly meetings, quorum and intervening events did not always allow for that. [44] With rega...

10. [2021] NZEnvC 159 Drive Holdings Limited v Auckland Council [pdf, 3.1 MB]

    Drive Holdings Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 159 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 (the Act) BETWEEN DRIVE HOLDINGS LIMITED (ENV-2019-AKL-283) Appellant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Commissioner Mabin Deputy Commissioner D Kernohan Hearing: 24 – 28 May 2021 28 June – 2 July 2021 A...