Search Results

1. DU v QN [2023] NZDT 434 (4 September 2023) [pdf, 220 KB]

   ...present at the time of sale? 14. It was a condition of sale, that DJ was to be checked by a vet before DU accepted him. Both parties agreed that no issues with DJ were identified at this time. 15. CHD is largely a genetic, inherited condition. Environmental factors will worsen a genetically predisposed individual. A dog without the genes for CHD is very unlikely to develop CHD. 16. QN suggested that perhaps something had occurred which gave rise to the CHD in the time that DU...

2. MN v DX [2025] NZDT 97 (28 February 2025) [pdf, 154 KB]

   ...advertisement, which described [the horse] as ‘green’ and that she had sat in the paddock for the year and would require a sensitive rider. j. I consider it more than likely that the behaviours of reefing, bunny hopping and rearing were responses to environmental factors that [the horse] experienced with MN or as a response to pain. I say that as no disrespect to MN’s ability to care or ride [the horse], but [the horse]’s environment (stress from transportation- 8 hours) feed, amo...

3. ENV-2016-AKL-000187 England Spring Street Residents v Auckland Council [pdf, 12 MB]

   ...zoned properties across the road in England Street or Spring Street. 5 (f) The lower intensity zoned properties in England Street and Spring Street have a special character that makes a significant contribution to amenity values and environmental quality in Freemans Bay, and justifies achieving some proportionality between housing intensification and protecting special character – Council’s decision does not achieve this balance. Otherwise, this balance will be los...

4. [2021] NZEnvC 111 Weston Lea Limited v Hamilton City Council [pdf, 23 MB]

   ...Prime Commissioner AP Gysberts 16 - 17 June 2021 MJ Doesburg for Weston Lea Limited (Weston Lea) M Mackintosh for Hamilton City Council (the Council) V Tumai and M Hooper for the Director-General of Conservation (DOC) P Lang for the Riverlea Environmental Society Incorporated (RESI) W Jennings for Royal Forest and Bird Protection Society of New Zealand Incorporated (Memorandum Only - supporting the decision of DOC and RESI) Date of Decision: 30 July 2021 Date of Issue: . 30 J...

5. ENVC practice note 2014 [pdf, 263 KB]

   ...arbitration, expert determination and judicial settlement conferences. These may be facilitated by Judges, Commissioners, or other persons appointed for the purpose. (c) Mediation and other forms of ADR are particularly well-suited to resolve many environmental disputes. ADR techniques are often highly cost-effective compared to proceeding to a full hearing before the Court, and outcomes may also be reached beyond the jurisdiction of the Court in a hearing by way of side agreements...

6. [2017] NZEnvC 216 Mackenzie District Council [pdf, 9.2 MB]

   ...at Christchurch on 25 October 2017 Final submissions received 10 November 2017 Appearances: D Caldwell, A Limmer and J Silcock for Mackenzie District Council S Newell for the Director-General of Conservation (section 274 party) R B Enright for Environmental Defence Society Incorporated (section 274 party) KG Reid and N D Daines for Simon's Pass Station Limited (section 274 party) Date of Decision: 22 December 2017 Date of Issue: 22 December 2017 FIRST DECISION A: Under...

7. YCAP - community planning guide [pdf, 8.7 MB]

   ...whānau groups? What obstacles does our group face? What obstacles does our community face? Are there weaknesses in our group? Is everyone involved who should be? What are our community’s weaknesses? What particular social, cultural and environmental issues do we have? Given our knowledge of the community, which youth justice issues are a particular concern? Why do we have those issues? Looking at the statistics, are there other things that jump out as issues, especiall...

8. ENV-2016-AKL-000204 Davies Kahlberg Family Trust v Auckland Council [pdf, 3 MB]

   ...planting. Require indigenous vegetation or wetland within a site being subdivided to be (17) legally protected in perpetuity. Provide limited opportunities for in-situ subdivision in rural areas while ensuring (18) that: there will be significant environmental protection of indigenous vegetation; (a) subdivision avoids the inappropriate proliferation and dispersal of (b) development by limiting the number of sites created; subdivision avoids inappropriate development within are...

9. 2014-Environment-Court-Practice-Note.pdf [pdf, 286 KB]

   ...arbitration, expert determination and judicial settlement conferences. These may be facilitated by Judges, Commissioners, or other persons appointed for the purpose. (c) Mediation and other forms of ADR are particularly well-suited to resolve many environmental disputes. ADR techniques are often highly cost-effective compared to proceeding to a full hearing before the Court, and outcomes may also be reached beyond the jurisdiction of the Court in a hearing by way of side agreements...

10. Practice Note 2014 [pdf, 286 KB]

    ...arbitration, expert determination and judicial settlement conferences. These may be facilitated by Judges, Commissioners, or other persons appointed for the purpose. (c) Mediation and other forms of ADR are particularly well-suited to resolve many environmental disputes. ADR techniques are often highly cost-effective compared to proceeding to a full hearing before the Court, and outcomes may also be reached beyond the jurisdiction of the Court in a hearing by way of side agreements...