Search Results

1. Heng v Walshaw [pdf, 550 KB]

   ...November 2001, enclosing a copy of a letter of even date to Mr Vining. Mr Smith advised the Owners, inter alia, that the builder was responsible for defective construction of the window sills and waterproofing of the exterior of games room that was permitting water to enter the dwelling. Mr Smith also set out in some detail, the extent of DSL’s involvement with the project. Mr Smith further advised that he trusted that the builder would acknowledge its responsibility and rapidly...

2. [2023] NZEnvC 242 New Zealand Transport Agency v Auckland Council [pdf, 21 MB]

   ...14) E3 Lakes, rivers, streams and wetlands • Diversion of a stream with associated disturbance and sediment discharge outside of any overlays as a discretionary activity under rule E3.4.1 (A19). • Any activities not complying with the general permitted activity standards in E3.6.1.1 or the specific standards in E3.6.1.10 – E3.6.1.13 (outside overlays) as a discretionary activity under rule E3.4.1 (A26). • Temporary structures that comply with the standards within E3.6.1.15 within...

3. [2023] NZEnvC 203 Director-General of Conservation v Marlborough District Council [pdf, 1.3 MB]

   ...(‘NZKS’) to establish two salmon farms known as ‘Blue Endeavour’. The decision to grant resource consent was made on behalf of Marlborough District Council by an Independent Hearing Panel acting under delegated authority. The coastal permit authorises NZKS to establish and operate two salmon farms within a 1,000ha site north of Te Uku/Cape Lambert, Northern Marlborough. [2] I have read and considered the consent memorandum of the parties dated 2 June 2023 which explains...

4. [2022] NZEnvC 025 Greater Wellington Regional Council v Adams [pdf, 2.3 MB]

   ...Greater Wellington Regional Council (the GWRC), applies for enforcement orders pursuant to ss 314(1) and 316 of the Resource Management Act 1991 (RMA) to: (a) Prohibit the fourth to tenth respondents from commencmg any activities that are not permitted by the Appeals Version of the Proposed Natural Resources Plan for the Wellington Region (the PNRP) and the National Environmental Standards for Freshwater (the NES­ Freshwater) within the wetlands delineated in the affidavit of Phil...

5. [2024] NZEnvC 292 Allied Asphalt Limited [pdf, 866 KB]

   ...of asphalt; (c) to use natural gas as fuel for the new plant except in the event of short-term supply interruption or if it is no longer financially viable; and 3 (d) a term of 35 years from the date of commencement of the air discharge permit. [2] In a decision dated 9 October 2024, the proposal was authorised subject to conditions. The Court made preliminary comments in relation to the conditions of consent and directed the Regional Council to file with the Court a revi...

6. [2013] NZEmpC 71 Gilbert v Transfield Services (New Zealand) Ltd [pdf, 362 KB]

   ...down, as was the commensurate need for Inside Plant Technicians’ involvement in it. Some of the technical positions with the NV group had been taken by temporary or casual workers, some of whom were temporary migrants to New Zealand whose work permits expired during or at about the time of the restructuring. At least one temporary employee was offered permanent employment with Transfield and given inside plant training to enable him to undertake Chorus work. Another temporary...

7. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...an aesthetic problem not a waterproofing one, i.e. a matter going to jurisdiction. [152] In the Sixth respondent’s closing submissions, Mr Locke submits that there is no evidence to suggest that the cracking and warping of the bands has permitted water to enter the cladding or to cause damage to the building structure. [153] Mr Grindle submits that the extensive cracking that has occurred throughout the feature bands on this property is likely to be a cause of water ingr...

8. [2006] NZEmpC AC 47/06 Cliff & Groom v Air NZ Ltd [pdf, 208 KB]

   ...questions about reliability of the data as she had for Mr Cliff. Mr Groom reiterated that he had not visited pornographic sites and gave again his reasons for visiting the lingerie site. He pointed out that the policy said that some personal use was permitted. He disputed that he had spent 96 hours on the Internet. He was assured that there was no issue with his performance. [99] Ms Roberts made some submissions noting the lack of performance issues, that Mr Groom had been ope...

9. Smith v Waitakere City Council [pdf, 220 KB]

   ...inspector. "The standard of care in all cases of negligence is that of the reasonable man. The defendant, and indeed any other Council, is not an insurer and is not under any absolute duty of care. It must act both in the issue of the permit and inspection as a reasonably prudent Council would do. The standard of care can depend on the degree and magnitude of the consequences which are likely to ensue. That may well require more care in the examination of foundations, a defect...

10. Environment Court Annual Review 2018 [pdf, 2.2 MB]

    ...in each of Wellington and Auckland: Christchurch Lindis Catchment Group Incorporated v Otago Regional Council In June, Lindis Catchment Group Incorporated lodged with the Court an application for a suite of resource consents to replace water permits that are due to expire in 2021. A decision will be issued in 2019. MACKENZIE DISTRICT PLAN CHANGE 13 APPEALS Key Issues - 'tussock, lakes, snow & mountains': across Lake Pukaki towards Mt Cook / Aoraki MACKE...