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1. Environment Court annual review 2015 [pdf, 2.4 MB]

   ...v Wellington City Council [2015] NZEnvC163 Judge Thompson, Commissioner von Dadelszen P and S Aitchison applied for declarations relating to the decision of Wellington City Council that a children’s play facility (“the structure”) was a permitted activity under Environment Court of New Zealand Annual Review 2015 50 the district plan, and that the council erred by issuing a certificate of compliance for the structure. The applicants owned and occupied an apartment at 2...

2. January 2015 National Pānui [pdf, 213 KB]

   ...required to enable us to forward a copy of the monthly National Pänui to you. Information about you will not be disclosed to any other person in a form that will identify you except where you have consented to such disclosure or where such is required or permitted by the Privacy Act 1993 or otherwise as permitted by law. You may at any time contact us to check the details held and request changes by writing to the Pänui Analyst, DX Box SX11203, Wellington, or by email to MLCpanui@justice....

3. Takimoana - Te Tii (Waitangi) B3 Ahu Whenua Trust (2014) 90 Taitokerau MB 67 (90 TTK 67) [pdf, 335 KB]

   ...[92] Mr Coutts submits that for these reasons the claim of equitable estoppel should be dismissed. The Law [93] In Commissioner of Inland Revenue v Morris 42 the Court of Appeal found that: The essence of the doctrine is that a person is not permitted to enforce strict legal rights when it would be unjust that he should be allowed to do so, having regard to the dealings which have taken place between the parties. But those dealings must amount to one party having been led by th...

4. LCRO 2011 Annual Report [pdf, 919 KB]

   ...attributes of a barrister. It is his duty to not keep back from the court any information which ought to be before it, and he must in no way mislead the court by stating facts that are untrue, or mislead the judge as to the true facts, or knowingly permit a client to attempt to deceive the court. How far a barrister may go on behalf of his client is a question too difficult to be capable of abstract definition, but when concrete cases arise one can see for oneself whether what he has done...

5. Appendix-11_Michaela-Stout_S87F-Report_Water-Take_28-April-2023.pdf [pdf, 2.5 MB]

   ...groundwater in the area. If actual river flow at the point of abstraction is overestimated due to interactions between surface water and groundwater that have not been accounted for, this could lead to more water being abstracted than what is permitted by Policy 5-17(a). 67. The revised proposed conditions appear to withdraw the proposal to adjust flows recorded at the Koputaroa at Tavistock Road flow recorder for catchment area above median flows.6 What this means, is that Waka K...

6. [2022] NZEnvC 010 Northport Limited v Whangarei District Council [pdf, 1.3 MB]

   ...sought various amendments for the port. Although it is not directly relevant for current purposes, they were resolved by consent order on 30 March 2021. It is important to note that it included port management subareas within PORTZ to facilitate permitted commercial and industrial activities and specified port management area B (shown in “A” as attached). Northport noise submission Ms McGrath, the planner for the Council, neatly summarises that the Northport submission to...

7. Appendix-14-Regional-Councils-Response-to-combined-request-for-information-under-section-92.pdf [pdf, 538 KB]

   ...taking water is provided in Volume II. The strategy is to minimise the taking of surface water by utilising water on site, in the first instance, where it is practicable to do so. For example, through the use of an existing bore water where it is permitted to be used for road construction purposes. Further, Appendix 4.7 of the Design and Construction Report provides information and analysis on surface water demands and constraints. This includes approaches to managing water takes to en...

8. [2018] NZEnvC 237 View West Limited v Auckland Council [pdf, 2 MB]

   ...alternative method to achieve the AUP demolition objective. [95] We have more fundamental issues with the alternative proposed in this case given that: (a) there is no current application before us for this alternative (or any other); (b) it is not a permitted or controlled activity and would require a resource consent; and (c) any such resource consent is going to be difficult to assess and will involve a number of factors including the significant heritage values of this sit...

9. [2022] NZEnvC 037 Bagnall v Tasman District Council [pdf, 20 MB]

   ...of the development shall be completed prior to occupation of the buildings within that stage. Service deliveries All delivery and service vehicles entering and exiting the site for the purposes of the operation of the care facility shall be permitted to enter the site only between 7.00 am and 9.00 pm. Lighting All site lighting shall be designed to ensure it is directed away from adjacent residential properties so that the light is directed onto the site. All site lighting sha...

10. ENVC Hearing 6Oct14 TGKL lay attach 3 hazardous substances [pdf, 881 KB]

    ...(WES) for that substance, if a WES for that substance exists. R-2 Controlled work area and signage To protect sensitive areas from exposure arising from spraydrift of the substance, the application of the substance by spray techniques is permitted provided that it is done in a controlled work area. The extent of the controlled area should be sufficient to ensure that off-target deposition of the substance is avoided. Additionally, this will also protect bystanders from...