Search Results

1. Kapiti-Coast-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 446 KB]

   ...which has given key potential submitters and the community a sound understanding of the Project and the matters that are likely to be issues in respect of the applications; and − a decision made by GW would likely come to the Environment Court on appeal because there is significant local and regional interest in the Project and there are a number of potentially affected parties such that the likelihood of an appeal is high. • The Ō2NL Project is complex, because it includes substan...

2. [2022] NZEnvC 146 Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council [pdf, 638 KB]

   Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 146 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN TE RŪNANGA O NGĀI TE RANGI IWI TRUST (ENV-2022-AKL-000014) Appellant AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND BAY OF PLENTY REGIONAL COUNCIL - INTERGRATED CATCHMENTS GROUP Applica...

3. Wallace v Downes - Waiunu and other blocks (2020) 414 Aotea MB 81 (414 AOT 81) [pdf, 168 KB]

   ...unreasonable disadvantages would be created for affected parties.9 In terms of carrying 6 Larkins v Wi Kaitaia – Waihou Huotia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 7 Ibid, at [30] 8 Rata – Te Rongoroa A7 Block (1991) Aotea Appellate MB 223 (13 APWG 228) at 244 414 Aotea MB 85 out such an assessment, the requirement is to look at the disadvantages and unsuitability of any r...

4. LCRO 75/2022 BG v HC (25 October 2022) [pdf, 212 KB]

   ...scope of review [27] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

5. UK v WM LCRO 144/2013 (2 September 2016) [pdf, 104 KB]

   ...Scope of Review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:17 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

6. AM v ZM LCRO 48 / 2010 (25 February 2011) [pdf, 131 KB]

   ...Kyle v Legal Practitioners’ Complaints Committee (1999) 21 WAR 56 involved disciplinary proceedings against an Australian practitioner charged with attempting to mislead the court. The adverse finding against the Practitioner was unsuccessfully appealed. The appellant sought to argue that the case against him was flawed in that the Complaints Committee (and the Tribunal) found that there was an attempt to deliberately mislead the Court, but had at the same time accepted that there...

7. LCRO 173/2018 YN v LT (7 March 2019) [pdf, 186 KB]

   ...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

8. CAC 416 v Prasad [2019] NZREADT 17 - Penalty [pdf, 202 KB]

   ...a charge of misconduct under s 73(c)(i) of the Act: that he wilfully or recklessly contravened s 85 of the Act by failing to produce information or documents to a Complaints Assessment Committee when given notice to do so. Mr Morton-Jones’ appeal against the Tribunal’s findings was dismissed. [35] The Tribunal suspended Mr Morton-Jones’ licence for nine months, ordered him to pay a fine of $2,000, and ordered him to complete various educational courses. The Complaints Asse...

9. Ngati Hine Forest Trust v Manihera - Ngati Hine H2B(2010) 12 Taitokerau MB 176 (12 TTK 176) [pdf, 129 KB]

   ...costs arising from injunction proceedings issued in early 2008 and finally disposed of by me on 11 July 2008. Submissions on costs were filed by counsel in July and August 2008. I subsequently advised counsel in a minute1 that, in light of an appeal against my decision in Samuels v Matauri X Incorporation2 1 140 Whangarei MB 79 which concerned a similar issue of indemnity costs, I would await the outcome of the appeal before addr...

10. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

    ...drop. [8] The application fell at the first hurdle of the requirements of s 19(1)(a), namely whether there had been an actual or threatened trespass to the land, or some other injury to the land. Following the reasoning outlined by the Court of Appeal in McGuire & Makea v Hastings District Council, Judge Coxhead assessed whether or not there had been unlawful entry on the land or other injury that was first caused by an unlawful act.3 The Court determined there was no unlawful...