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1. 8.4 JWS 8 - Powerpoint Presentation - Priority Rights dated 28 June 2021 [pdf, 134 KB]

   ...Expert conferencing Feasibility of Developing a Schedule of priorities: • Time consuming and complex • Risk of inaccurate/incomplete info • (Where priority system is complex) not user-friendly • Key information is readily available on deemed permits, warden court records, etc… Further considerations Concerns raised by ORC Compliance and Consents officers: • Implications for Council (additional obligations aroiund enforcement, auditing water takes, conflict resolution,...

2. 2021-05-07 TAs & ORC - MOC - Identifying issues relevant to community water supplies [pdf, 160 KB]

   ...witnesses; and (c) Legal issues to be addressed noting that there is some overlap between issues for planning witnesses and the legal issues. Matters of fact to be addressed in evidence 3. With reference to applications for new and replacement permits, will the TA’s be seeking permits that authorise both the taking and use of water? 4. In this context, what is meant by ‘use’? Is it: (a) the supply of water to another person, or (b) the use of water by another pe...

3. [2018] NZEnvC 127 Mather v Far North District Council [pdf, 2 MB]

   ...ENVIRONMENT COURT A: The abatement notice appeal is resolved by amending the abatement notice to require : CD Mather and Q Xie, as trustees of the Pearler Trust, 1 Te Kowhai Point Road, RD 1, will not undertake further earthworks on the site unless permitted in accordance with the Far North District Plan, including under 12.3.6.1 .2 of that Plan. B: Costs are reserved, including costs to the Crown. Any application for costs are to be filed within 20 working days; any reply 10 work...

4. 2_Amendments-Partial-Withdrawal-of-Water-Application-v2.pdf [pdf, 110 KB]

   ...of 24 February 2023 confirming Horizons Regional Council’s position that there is no remaining water allocation in the Ohau River. Based on your advice, Waka Kotahi withdraws the part of its application for resource consents that seeks a water permit to take / abstract surface water from the Ohau River, as an abstraction of part of the water allocation in the Ohau River. For purposes of clarity, it is confirmed that application for a water permit to take water from the Ohau River wh...

5. Annexure 2 - Scope Challenges [pdf, 281 KB]

   ...question about whether the submission is on or about the plan change will usually be a question of degree to be judged by the terms of the proposed change and of the content of the submissions.28 It is important to keep in mind that the court cannot permit the plan change to be appreciably changed without a real opportunity for participation by those who are potentially affected.29 [22] That said, we turn next to the scope challenges. Otago Fish and Game Council & Central Sou...

6. OWRUG - EiC – M M Holland (4 Feb 2021) [pdf, 87 KB]

   ...farmers that utilise a small amount of irrigation to run a sheep and beef fattening property. Our farm is 274ha of which 110ha is irrigated. 4. We are members of the Strath Taieri Water Users Group and have lodged our application to replace our permits with the ORC. As advised by the ORC we lodged as a group and well in advance of the expiry date. The group lodged the first part of the application in October 2019 and followed up with the final permits in June 2020. All water...

7. Appendix 1 - Brief for worked examples [pdf, 123 KB]

   ...some pasture areas, what water meter data or other relevant methods and data should be used to assess rate of take and daily, monthly or annual volume limits, for the purposes of processing an application for a resource consent to replace a deemed permit? • Where there has been a recent partial change to more efficient irrigation, can this be processed as a controlled activity if within the limits and volumes of the deemed permit being replaced, or should this be processed as a restri...

8. CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [pdf, 219 KB]

   ...wife when her health deteriorated. 7. At the time of listing, Mr Derrick initialled clause 7 of the agency agreement which provides: 7. The owners hereby warrant and undertake that (with the exclusion of ____) where any work has been done or permitted to be done on the property (including additions, extensions and alterations to the property) by the Owners for which an authority, consent, permit or licence is required by law then an authority, consent, permit or licence was obta...

9. The Trustees of Oweta 4B v Riki - Oweta 4B (2012) 21 Tairawhiti MB 190 (21 TRW 190) [pdf, 166 KB]

   ...surviving trustees of Oweta 4B. A further order is sought under s 239 to appoint Gemma Wells as a replacement trustee for Tuakana Tokotoru Riki. [12] The application arose from the discovery by trustees that the garage-bach did not hold a building permit from the Gisborne District Council and thus was, they allege, erected illegally. Records from the Council show Tuakana Tokotoru Riki applied for a building permit for the garage-bach in 1996, but this application was later cance...

10. Mhatre v Gokhale [2019] NZIACDT 10 (22 February 2019) [pdf, 107 KB]

    ...by Immigration New Zealand on 5 November because the online post-study work visa was being processed. Furthermore, it was incomplete as it was missing the supporting form signed by Mr Mhatre’s wife. [8] On 10 November 2016, Ms Gokhale’s licence as an immigration adviser expired. 3 [9] On 15 November 2016, Mr Mhatre made enquiries about his application and was informed by Immigration New Zealand that both post-study and partnership-based applications had been lodged, bu...