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1. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 KB]

   ...responses to the complaints.4 [47] The complainants said that if the practitioners (including Mrs A) or the vendor’s solicitor had properly checked the LIM report prior to settlement, they would have ascertained that the garage had been “permitted” in 1989, and that there were no outstanding Council concerns. This fact came to light in September 2018, when the senior council inspector wrote to the parties with that information. [48] The outcomes sought by the complainants i...

2. [2022] NZEnvC 069 Otago Regional Council [pdf, 356 KB]

   ...greenwaste landfills, if new applications for resource consents are lodged. [43] New Policy 7.4.11 would not apply to existing landfills operating under an existing resource consent, unless a change in the operation of that landfill meant a relevant permitted activity rule could not be complied with.47 [44] Ms Lee disagrees that the purpose of PC1 is not explicit and refers to the affidavit filed in support of the provisions agreed at mediation, which includes further detail of...

3. Grant v Grant - Succession to Harry Grant (2021) 104 Tairawhiti MB 122 (104 TRW 122) [pdf, 275 KB]

   ...https://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM291587#DLM291587 104 Tairawhiti MB 130 entitled to succeed to these interests. The question then becomes what is the legal basis upon which I can make such a determination. [17] I am mindful of the fact that s 115 no longer permits the Court to determine that a whāngai is entitled to succeed. Section 116 cannot cure the problem because it only makes provision for whāngai with no descent and is limi...

4. McArthur Ridge – EiC – D T Jordan - Viticulture (4 Feb 2021) [pdf, 228 KB]

   ...Email: kgr@kelvinreid.co.nz 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 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 to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER o...

5. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 KB]

   ...s135 is mandatory, but a flexible approach may well be taken where defects in identifying decisions, grounds, or relief can be remedied before a review, much in the way of amendments to pleadings. A flexible application of the section cannot be permitted when ss 135 and 146 combine to produce a deemed decision. In that case the two sections must be read together to avoid uncertainty. The legislature could not have intended that meaningless or ambiguous deemed decisions should arise...

6. Fish & Game - EiC - I B Cole (5 Feb 2021) [pdf, 175 KB]

   ...extreme low flows will be even more pronounced. Given the “public” expectations over historic overallocation have been on hold since 1991 it makes even less environmental sense to 2101895 | 5756046v1 page 10 issue long term water right permits at this present time. The public, in my view, have been very patient. 52. The environment should be the first priority in any management regime. I believe the rivers represent the “arteries of the land” and as such should be...

7. [2016] NZEmpC 22 Keerithi Merennage v Ritchies Transport Holdings Limited [pdf, 182 KB]

   ...which might otherwise have justified the inclusion of GST in an assessment of costs can still be ameliorated by the Court through an uplift in its eventual award beyond the standard 66 per cent starting point. I favour the latter approach which permits the Court to exercise a discretion as may be appropriate in the circumstances. In the present case, I allow a modest increase for this factor since the plaintiff is not GST registered. [19] I prefer a different approach. As I ha...

8. 2020-02-19 Simon Wilson Reply [pdf, 166 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 to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

9. [2021] NZACC 4 - Ross v ACC (5 January 2021) [pdf, 268 KB]

   ...February 2014, and a Notice of Appeal was filed by Ms Ross on 14 June 2018. Ms Ross submits that her late appeal should be 1 Wildbore v Accident Compensation Corporation DC Wellington Decision No. 094/2006, 14 March 2016 at [53]. 14 permitted because the delay arose from a failure of her representative, not through any fault of her own. [62] I note that Ms Ross’ appeal was lodged four years and over three months beyond the statutory deadline. Nevertheless, it is cle...

10. AVL operating guidelines for senior courts [pdf, 684 KB]

    ...to be used for personal communication. The only persons allowed in the Instruction Suite are counsel or other authorised parties (listed above) who have booked time through the court. No family members, partners or associates of a prisoner are permitted. To prevent unauthorised access, a PIN code or swipe card is required to enter the Instructions Suite. 12 5.4 Counsel obligations It is the responsibility of counsel to notify the court if they no longer require a pre arran...