Search Results

1. [2020] NZEnvC 010 Property Seven Limited v Western Bay of Plenty District Council [pdf, 261 KB]

   ...lodging the late notice. iv) The respondent appears to have sought to shore up its defence of the appeal° by encouraging submitters to join the proceeding. 4 v) The appellant will be unduly prejudiced by having to expend considerable extra resources to defend its position with a wider group of people for a wider range of matters, reducing the likelihood of the appeal being able to be resolved through mediation and expert caucusing. vi) The appellant has instructed its plannin...

2. [2020] NZEmpC 8 Visagie v WorkSafe New Zealand [pdf, 136 KB]

   ...than incidentally; (b) a hearing in the Authority is likely to pose substantial risk to the applicant’s psychiatric state; (c) any determination in the Authority is likely to result in a challenge; and (d) the applicant has limited financial resources. [3] The approach to applications of this sort is now well established and can be summarised as follows.2 There is no presumption in favour of, or against, removal. In exercising its discretion, the Court must have regard to th...

3. 12 June 2020 Weston Lea Limited v Hamilton City Council & Director-General of Conservation v Hamilton City Council [pdf, 266 KB]

   ...Road, Hamilton ENV-2019-313-000010 Weston Lea Limited v Hamilton City Council Director-General of Conservation v Hamilton City Council Applicant: Weston Lea Limited Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Management Act 1991 & Application for Further and Better Pariculars & Application for Further And Better Particulars Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Management Act 1...

4. Further memorandum in respect of Strike Out Application of Guardians of the Bay and Hue te Haka (16 November 18) [pdf, 1.3 MB]

   ...APPLICATION TO STRIKE OUT 16 NOVEMBER 2018 Counsel instructed: J D K Gardner-Hopkins Phone: 04 889 2776 james@jghbarrister.com PO Box 25-160 WELLINGTON ENV-2016-WLG-000058 IN THE ENVIRONMENT COURT WELLINGTON REGISTRY UNDER section 274 of the Resource Management Act 1991 (“Act”) IN THE MATTER OF a Notice of Motion under section 87G requesting the granting of resource consents to WELLINGTON INTERNATIONAL AIRPORT LIMITED for the Wellington International Airport Extensio...

5. [2019] NZEnvC 186 Whangarei District Council v CPE Trustee Limited [pdf, 313 KB]

   BEFORE THE ENVIRONMENT COURT AT WHANGAREI I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC \ ~ b of the Resource Management Act 1991 of an application for declaration pursuant to s31 O of the Act WHANGAREI DISTRICT COUNCIL (ENV-2019-AKL-000094) Applicant CPE TRUSTEE LIMITED STAN SEMENOFF SCORIA LIMITED Respondents Court: Judge J A Smith sitting alone pursuant to s279 - on the papers Appearances: G Mathias for the Appli...

6. [2022] NZEmpC 25 UBP Ltd v Rantiaawa-Kaui [pdf, 219 KB]

   ...application, filed before Ms Douglas was retained as counsel for UBP, was framed as an application for a stay of proceedings and made a number of comments about the Authority’s investigation. It was accompanied by an affidavit from Ms Morgan, a Human Resources Manager for UBP, which largely addressed the perceived merits of the Authority’s findings and processes. [4] Ms Douglas has now filed helpful submissions clarifying UBPs position and confirming the application is for a st...

7. [2021] NZEnvC 093 CEP Services Matauwhi Ltd v Northland Regional Council [pdf, 2.2 MB]

   ...and other areas that are assessed as significant under the criteria in Appendix 5 of the Regional Policy Statement; and 2) the coastal environment where the adverse effects are potentially significantly adverse. particularly in relation to coastal resources vulnerable to the effects of climate change.

8. [2021] NZEnvC 097 Ngati Paoa Trust Board v Kennedy Point Boatharbour Limited [pdf, 2.4 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO KITAMAKIMAKAURAU IN THE MATTER OF BETWEEN AND Decision [2021] NZEnvC 097 the Resource Management Act 1991 and an application for interim enforcement orders NGATI PAOA TRUST BOARD (ENV-2021-AKL-038) Applicant KENNEDY POINT BOATHARBOUR LIMITED Respondent Court: Alternate Environment Judge L J Newhook Hearing: Appearances: At Auckland on 8 July 2021 J Gardner-Hopkins for Applicant V Morrison-Shaw and L Ford...

9. 9.3 Appendix 3 to JWS 9 - Section 32AA Analysis [pdf, 119 KB]

   Appendix 3: Section 32AA Analysis supporting recommended amendments to PC7 to provide for resource consent applicants seeking to utilize mainline irrigation pipes installed before 18 March 2020 to irrigate an area that was not irrigated prior to this date Options Cost/Risk Benefit Risk of acting or not acting/ Sufficiency of information Option 1: Do nothing Under this option no alternative consenting pathway to the non- complying pathway is provided for water users who seek...

10. [2021] NZEnvC 128 Boyd v Queenstown Lakes District Council [pdf, 240 KB]

    QTN PLAN APPEALS – TOPIC 16 – s293 Decision IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 128 IN THE MATTER of the Resource Management Act 1991 AND an appeal pursuant to clause 14 of the First Schedule of the Act BETWEEN J BOYD, J F A & S J REDAI & OTHERS (ENV-2018-CHC-163) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commission...