Search Results

1. [2023] NZEnvC 186 Lund v Dunedin City Council [pdf, 1.1 MB]

   ...records the matters in the dispute for the court’s resolution. The issues relate to the range of industrial activities to be provided for on the scheduled site as listed in the appellant’s Schedule 2; to the standards for operation of those permitted activities, and to assessment matters for restricted discretionary activities as follows: 6 (a) manufacturing and vehicle repair: A1.6 scheduled activities – whether manufacturing and vehicle repair should be permitted; (b)...

2. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

   ...provided by the complainant through the intermediary. [33] A statement, dated 23 November 2015, from the general manager of the Shanghai company was produced to the Authority. He said that under Chinese law, a foreign immigration adviser was not permitted to conduct immigration business in China directly. Such a person was only allowed to cooperate with a legal immigration agency, such as the company. Foreign advisers could not meet or advise clients directly. All the informat...

3. [2018] NZEnvC 080 NZ Heavy Haulage v South Taranaki District Council [pdf, 1.1 MB]

   ...dealt with by making the relocation a restricted discretionary activity. The Council considered retaining that approach or, as Option 8, a targeted regulatory approach (as a controlled activity), or Option C, a permissive regulatory approach (a permitted activity, subject to performance standards). The Council concluded that the third option, a permitted activity status with performance standards, was the preferred and appropriate approach. The general thinking behind that was that...

4. White and Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2020) 415 Aotea MB 164 (415 AOT 164) [pdf, 290 KB]

   ...407 Aotea MB 47 (407 AOT 47). 2 Established pursuant to cl 7.1 of the Deed of Trust for the Rūnanga dated 20 January 2003. 415 Aotea MB 166 (e) On 5 February 2020, the Rūnanga advised the Court that a special voting process is not permitted under its Trust Deed, but an alternative approach was proposed. (f) On 14 February 2020, Te Korowai filed evidence and an amended notice of claim. Te Korowai suggested a special voting process that would allow non- registered mem...

5. Transcript (weeks 7 & 8 Dunedin) [pdf, 4.9 MB]

   ...we’re asking you about that and then the dam question? A. Yes, so in terms of the dam question we’ve been in communication with Mr Page and highlighted the dams on which the Court and the Council would be interested in understanding the suite of permits that apply to each of them, so a list of dams was sent through to Mr Page. Over the 30 4 OTAGO REGIONAL COUNCIL v Ngā RUNUNGA & Ors Notes of Evidence ENV DUNEDIN – (17 May 2021) weekend there has been a supplementary...

6. Transcript (weeks 7 & 8 Dunedin) [pdf, 4.7 MB]

   ...asking you about that and then the dam question? 25 A. Yes, so in terms of the dam question we’ve been in communication with Mr Page and highlighted the dams on which the Court and the Council would be interested in understanding the suite of permits that apply to each of them, so a list of dams was sent through to Mr Page. Over the weekend there has been a supplementary brief filed by Mr Curran that 30 4 OTAGO REGIONAL COUNCIL v Ngā RUNUNGA & Ors Notes of Evidence ENV...

7. [2019] NZEnvC 058 Maehl v Lenihan [pdf, 5.1 MB]

   ...of the now operative Auckland Unitary Plan, the removal of this Kauri (and any other on the property) was permissible. [10] For reasons we will go into shortly, we have concluded that the plan is very clear that the removal of such trees is a permitted activity. This of course in terms of s314(1 )(a)(ii) is not an entire answer to the issue given that there remains jurisdiction for the court to intercede in appropriate cases not withstanding that the activity may hold a consent or...

8. Trustpower – EiC – N I Foran (5 Feb 2021) [pdf, 2 MB]

   ...to the Regional Water Plan (PC7) and the implications this will have on its renewable electricity generation schemes. Trustpower’s applications for replacement consents for its four races are subject to PC7, as are applications for new water permits in respect of the policy direction on term of consent, for example enhancements to Deep Stream HEPS. 1.4 Trustpower is concerned with the way PC7 provides for the consenting of hydro-electricity power generation given the focus of PC7...

9. Marshall v Ratu - Whangape Lot 65B Sec 2A Block (2021) 227 Waikato Maniapoto MB 148 (227 WMN 148) [pdf, 400 KB]

   ...all of these matters, I consider it is just and equitable to grant relief to Mrs Marshall. Can I grant the relief sought by Mrs Marshall? [47] Section 325(1) sets out the orders I can make. Mrs Marshall seeks an order per s 325(1)(c), which permits the making of an order to the following effect: (c) giving the owner of the land affected by, or the land intended for, a wrongly placed structure or any other person with an estate or interest in either of those pieces of land, the...

10. 2021-03-21 Minute - PC7 - Case Management Directions [pdf, 163 KB]

    ...[1] This Minute is issued in response to: (a) the proceedings to date in relation to Plan Change 7 (PC7); (b) the supplementary evidence of Tom de Pelsemaeker dated 24 March 2021 in relation to the exercise of priority to water under Deemed Permit; and (c) other supplementary evidence filed by parties in response to the substantive amendments to PC7 recommended by Mr de Pelsemaeker. 2 Supplementary evidence of Mr T de Pelsemaeker concerning exercise of priority to water...