Search Results

1. ENV-2016-WLG-000058 Notice of Motion [pdf, 4.8 MB]

   ...Application; (ii) The technical nature of the Application and the resource consents required; (iii) Direct referral will enable the efficient determination of the issues; (iv) Will reduce the duplication of process as there is a real likelihood of appeals; (v) Direct referral is consistent with the purpose of the 2009 amendments to the RMA, intended to streamline resource consent processing and reduce costs, delays and uncertainties for all parties; (g) There is no prejudice to any...

2. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 130 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act BUTTERBEE CHILDCARE LIMITED (ENV-2016-AKL-000182) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner JA Hodges Hearing: At Auckland on 7 and 15 August 2017 Appearances: Mr KRN Littlejohn for Butterbee Childcare Limited (Butterbee) Mr WM Bangma for Auckl...

3. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...(Worldwide Salvage and Towage) Ltd (The Sea Angel) [2007] EWCA Civ 547, [2007] 2 Lloyd’s Rep 517 at [111]. See Planet Kids, above n 4, at [8] and [60]–[62]. 13 The Sea Angel, above n 12, at [111]. [50] The New Zealand Court of Appeal confirmed in Karelrybflot AO v Udovenko that the doctrine of frustration is available in employment cases, but should not be easily invoked with respect to vulnerable employees: 14 … the doctrine of frustration is applicable to cont...

4. Family Court Rewrite Submission - Youth Law [pdf, 453 KB]

   ...to be undertaken into how the outcomes of the Family Court proceedings are communicated to the child. The Lawyer for the Child guidelines contain a requirement that lawyer for child must provide advice to the child about the outcome, the right to appeal and the merits of an appeal. However, there is no proposed means of how this is to be achieved.35 We believe that lawyer for child should speak to children at the end of the proceedings to advise them of the influence that their view had on...

5. ASC Annual Report 2020 [pdf, 1019 KB]

   ...Livingston4 In his early case under the Act, a paediatrician sought to prevent a young woman from having an abortion when two certifying consultants had certified that a termination of her pregnancy was justified under the CSA Act. The Court of Appeal held the plaintiff had no standing to challenge the certificate and that any interests of the unborn child were indirectly protected by the mechanisms provided for in the legislation. 2012: Right to Life New Zealand Inc v Abor...

6. LS v MIS [2021] CEIT-2020-0024 [pdf, 387 KB]

   ...an election; [and] (g) the making of inquiries by the insurer, even where it creates expectations upon the insured, will not ordinarily amount to an election… [23] There was an additional step, regarding delay, however this was rejected on appeal while the other elements were approved.8 5 Domenico Trustee Ltd v Tower Insurance Ltd [2015] NZHC 981 at [37]–[75]. 6 At [37] (footnotes omitted). 7 At [71] (footnotes omitted). 8 Tower Insurance Ltd v Domenico Trustee Ltd [2015] N...

7. Justice Matters July 2019 [pdf, 3.5 MB]

   ...the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these...

8. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these...

9. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

   ...and related proceedings. An injunction was sought and granted in 2012 followed by the issuing of two substantive decisions in 2015 and 2017. Over a decade later, this final judgment on liability and quantum is now issued. In the absence of any appeals or review, it may be that this decision will finally bring an end to this longstanding and costly litigation. [69] What the proceedings have underscored, is the need for communities of landowners to ensure that, where possible, th...

10. Trustpower - EiC - P M Mitchell - Hydrology (5 Feb 2021) [pdf, 3.8 MB]

    ...predominantly focused on the hydrology and optimisation of existing and developing run-of- river hydro-electric plant operating in conjunction with existing irrigation schemes. (e) Arnold Valley Hydro-Electric Power Scheme Environment Court appeal (2010). Appearing on behalf of Trustpower Limited to provide hydrological evidence in support of the grant of resource consents for the on-going operation of and enhancements to the Arnold Valley HEPS. (f) Wairau Valley Hydro-Electric...