Search Results

1. [2018] NZEnvC 066 Hamilton City Council [pdf, 20 MB]

   ...Ruakura and Percival Roads shall not be stopped to the public until the following conditions have been met to the satisfaction of the General Manager, City Infrastructure, Hamilton City Council, and in accordance with the Boffa Miskell drawing A 15101_- 058; Pedestrian and Cycle connections (December 2016); i) Realigned Ruakura Road shall be constructed and open for traffic; ii) Road 3 of TGH's inland port and the realigned Percival Road shall be constructed and open for traffic;

2. Barlow v Phillips - Rangitoto Tuhua 55B1B and other blocks (2012) 282 Aotea MB 75 (282 AOT 75) [pdf, 419 KB]

   ...of refusal was offered to any of the preferred class prior to the transaction taking place. Beverly Muraahi, as a daughter of Mr Phillips, was within the preferred class and her evidence was that no offer was made to her or her 282 Aotea MB 101 siblings. She also indicated that the land was of special significance to her family, and she and her siblings would have accepted the offer of first refusal, had it been made. Counsel also referred to the Preamble, s 2 and s 17 of TT...

3. LCRO 158/2018 YCH v TSR (30 September 2020) [pdf, 396 KB]

   ...in technical matters”.25 [100] Importantly, apart from advising the person of the right to take legal advice, the lawyer “should avoid giving any substantive advice … as to do otherwise would be to create a conflict of interest”. [101] Further assistance is provided in the definitions of “legal services”, in s 6 of the Act, which includes “(b) advice in relation to any legal or equitable rights or obligations”; and of “reserved areas of work” which includes �€...

4. [2017] NZEnvC 169 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 11 MB]

   ...appropriate provision for coastal Te Arawa. Some provisions can operate pending the Court's decision [36] Although 8.3 is of concern to the Court, it can operate in the meantime and this is not suspended. Similarly, other provisions such as 10.1(c) and 10.12 may still be disputed but they can operate in the interim without negative impact on the consent as a whole. [37] Finally, condition 17 may be altered by the Court depending on its conclusion on bow section removal. This...

5. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   ...Introduction [75] 3.2 Effects on landscape quality and character [80] 3.3 Effects on visual amenities [83] 3.4 The density and design of development [90] 3.5 Protection of indigenous biodiversity on the site [91] 3.6 The cumulative effects [101] 3.7 The positive effects of the proposal [102] 3.8 Other matters [108] 4. Overall evaluation [109] 4.1 The district-wide objectives and policies for the rural [109] areas in the ODP 4.2 District-wide provisions of the ODP [121] 4...

6. [2020] NZEnvC 153 Cabra Rural Developments Ltd v Auckland Council [pdf, 3 MB]

   ...above 30ha No maximum Revegetation 5ha 5ha 1 site Every additional 5 Plus 1 site for ha each additional and locational 5ha restrictions for 5ha No maximum example: not located on Elite or Prime soil or in an ONL, HNC, or ONL overlay. [101] As can be seen by comparing the tables the key issues are: (a) The minimum size feature which generates the first site for SEAs; (b) The maximum for in-situ sites generated from SEAs; (c) The maximum for in-situ sites generated from wetla...

7. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...Dignity in the UDHR, ICCPR and ICESCR [73] Dignity in the context of the HDCA, Human Rights Act and Privacy Act [88] Dignity and the tort of misuse of private information [93] The assessment of loss of dignity – whether subjective or objective [101] The basis on which damages for loss of dignity are to be assessed [103] The positions taken by the parties [108] THE ASSESSMENT OF QUANTUM [111] The tort analogy [111] Application to Tribunal’s jurisdiction [114] The importance of the...

8. [2020] NZEnvC 155 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.9 MB]

   ...contaminants. We have no trouble with the second reading. However, given our uncertainty, the parties are to consider rephrasing while bearing in mind that the phrase appears in other conditions which may likewise require amendment. Condition 30 [101) Condition 30 specifies independent certification of the PMP and is agreed by the parties. The condition requires that a Certified Nutrient Management Advisor certify that the P mitigation measures in the PMP are effective in reducing t...

9. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

   ...reviewed the evidence given by Mr Dewar as to the significant consequences of dismissal, 10 Dewar v Xtreme Dining Ltd t/a Think Steel, above n 1, at [95] – [96]. 11 At [99]. 12 At [100] and [101]. including what he had described as an “emotional breakdown”. 13 It recorded Mr Robins’ evidence to the effect that Mr Dewar was very distressed when he was pushed by Mr Gard. Mr Robins had observed a major chan...

10. 21.-Evidence-of-Mr-Michael-Smith-Noise-and-Vibration.PDF [PDF, 1.4 MB]

    ...which will require residents to be notified of such works. In my experience, done well as is proposed, this will meet the submitter’s requested relief around effective communication. Page 21 Helen Naylor, 45 Wi Tako Street, Manakau 101. The submitter requests lower daytime construction noise limits and building modification to mitigate construction noise effects. The submitter also identifies and accepts that there will be adverse effects from road-traffic noise....