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1. [2018] NZEnvC 073 Skyline Enterprises Limited v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...application for waiver under 5281 of the Resource Management Act 1991 ('RMA'). The notice was filed four working days outside of the time frame specified in the court's letter to submitters? This decision determines whether Mr Walker is permitted to join the proceeding given the late filing . Application for waiver Section 274 notice [4] Following public notification of the car park building, Mr Walker made a submission to the Council. He is interested in the whol...

2. Chalecki v Accident Compensation Corporation [2015] NZACA 12 [pdf, 282 KB]

   ...decisions of the Corporation concerning rehabilitation under sections 36 and 37 of the 1982 Act. It is whether such an appeal arises from the exercise of a discretion (in which case the grounds of appeal are narrow) or is of a general nature (permitting a fresh assessment of the merits). I decided that the wider Wildbore test, applicable to a general appeal, did not apply. [61] I agree this is a question of law and furthermore, that it is capable of bona fide and serious argumen...

3. Northcroft - Estate of Wallingford Northcroft (2006) 175 Aotea 189 (175 AOT 189) [pdf, 335 KB]

   ...remarriage the late Mr Northcroft's interests will then pass back to his siblings or their issue in substitution where appropriate. Decision [17] In the absence of expert evidence confirming that the tikanga Maori of the hapu involved permits recognition of whangai to receive a life interest, the application for recognition of Lara N orthcroft as a whangai is dismissed. Pursuant to sections 108, 113 and 118 the Court determines that the siblings of the late Mr Northcroft ar...

4. Federated Farmers of New Zealand.pdf [pdf, 308 KB]

   ...and compensation of residual effects to advance … Oppose Federated Farmers considers that Policy 19 ought to be deleted. In the case it is not deleted, Federated Farmers considers that offsets and compensation of residual effects should be permitted. Glossary Sector scheme Farmers are responsible for providing their own FEPs Delete Oppose Federated Farmers supports encouraging sector schemes to play a greater role in the implementation of PC1, particularly in relation to FE...

5. Botes - Part Taupo Central Block (2001) 109 Aotea MB 66 (109 AOT 66) [pdf, 1.1 MB]

   ...raises the various issues listed above and I turn to consider them. As to the failure to obtain an authorised crossing place on to State Highway 1, I accept that because of the use of the pumice track it has not been necessalY to date to obtain such a permit. I agree with Mr Rankilor that this is a matter that can be attended to and would need to be attended to if formation of the proper route were to proceed. I do not accept the lack of crossing place as a reason to cancel the Order. I...

6. TTPPR-2 Defendants application for stay of civil proceeding [pdf, 321 KB]

   ...application to request a hearing. 4. The [New Zealand commencement court or tribunal] may determine the application without a hearing if a hearing has not been requested by the defendant, the plaintiff, or any other person who is required or permitted, by regulations under section 23(5)(a) of the Act, to be served with the application. 5. The Trans-Tasman Proceedings Regulations and Rules 2013 (NZ) (available from www.legislation.govt.nz) contain a form (namely form 3) that yo...

7. Nightingale - Awarua 4C15F1A2F (2006) 168 Aotea MB 191 (168 AOT 191) [pdf, 316 KB]

   ...decisions upheld lower Court refusals to change the status of Maori freehold to General land, the Maketu 2A2 judgment did the opposite. The Court also acknowledged in Maketu 2A2 that the intention of Parliament in enacting sections 135 and 136 was to permit the change of status where, following consideration of the principles and objectives of the Act, the Court was still satisfied that there had been compliance with those sections. Put another way, while the Act is premised on the princi...

8. TTOT - Application for Review of Decision of Local Registration Authority [pdf, 352 KB]

   ...Step 7. Tell us the order you are seeking (Please tick to confirm) 1. I seek the following interim order under section 43(2) of the Act (if applicable):  In relation to a decision to impose conditions on my registration, I seek an interim order permitting me to carry on the occupation without complying with the conditions; or  In relation to a decision to refuse to grant my registration, I seek an interim order extending deemed registration for a period specified by the Tribunal. A...

9. 2021-05-12 - ORC - MOC - recall of witness [pdf, 126 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Ap...

10. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

    ...haste or under pressure, such that the practitioner has mistakenly expressed himself or herself as to its terms … [28] And further:7 The trustworthiness, integrity and standing of the profession would be diminished if a practitioner were to be permitted to say, “I should not have to honour this undertaking, because even though I drafted it, it does not say what I intended it to say”. This would be no better than permitting practitioners to avoid honouring their undertakings by re...