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1. [2023] NZEnvC 034 McCallum Bros Limited v Auckland Council [pdf, 168 KB]

   ..._________________________________________________________________ DECISION OF THE ENVIRONMENT COURT ON APPLICATION FOR WAIVER _________________________________________________________________ A: Under s 281 of the Resource Management Act 1991 the application for waiver of time for the Director-General of Conservation to join the proceeding ENV- 2022-AKL-121 as a s 274 party is granted. B: Costs are reserved. REASONS Introduction This...

2. [2021] NZEmpC 86 Humphreys v Humphreys [pdf, 171 KB]

   ...going ahead with the hearing as scheduled, as the outcome of the Fleming appeal will be determinative of these proceedings in any event; - For a hearing to proceed in the meantime would amount to an inappropriate use of the Court and parties’ resources and be contrary to the interests of justice. [2] The application for an adjournment was staunchly opposed by the plaintiff and the first defendant. [3] Given the proximity to the hearing an urgent telephone hearing was convened t...

3. Taueki v Horowhenua District Council (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 190 KB]

   ...the unusual legal and historical background to the Trust, the fishing easement and the Domain Board, the position of the trustees is that while they are the legal owners of the buildings they only appear to have a say in the management of those resources through the process of consultation with the Domain Board. 298 Aotea MB 266 [11] It is said that relevant legislation, including the Reserves Act 1977 and the Reserves and Other Lands Disposal Act 1956, gives authority for ma...

4. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

   ...Bill. These include making part of Lake Rotoma Scenic Reserve subject to a whenua rahui requiring it to be administered having regard to Ngāti Mākino values and protection principles agreed by Ngāti Mākino, and providing for participation in resource management and related decision-making affecting other areas with which Ngāti Mākino have a special association. Issues under sections 20 and 27(2) 3. The Bill provides in clause 11(4) that the settlement of the historical claims is...

5. 2021-05-07 TAs & ORC - MOC - Identifying issues relevant to community water supplies [pdf, 160 KB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And Clutha District Council, Waitaki District Council, Queenstown Lakes District Council, Dunedin City Council, and Central Otago District Council Section 274 Parties...

6. Rogers v Stirling - Taungaure No.2 (2011) 39 Waiariki MB 297 (39 WAR 297) [pdf, 88 KB]

   ...given the history of the case and the clear agreements that were concluded, Mr Stirling and his whanau should receive full recovery of their legal costs. He also submitted that: “My understanding is that there is a fund available from the resources of the Maori Land Court for the satisfaction of any Court order made as to costs. It would be my urging that at least a substantial proportion, if not all, of the costs awarded be made against such a fund.” [3] Mr Peterson has la...

7. [2017] NZEnvC 099 Auckland Council [pdf, 126 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER BETWEEN Decision [2017] NZEnvC Oq C1 of potential appeals under the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) following the High Court's Judgment in The Straits Protection Society Incorporated v Auckland Council [2017] NZHC 1351 AUCKLAND COUNCIL (ENV-2016-AKL-000171 ) Applicant Court: Principal Environment Judge LJ Newhook Date of Decision: ~ JVI (...

8. 4 & 9 October 2017 Minister of Corrections [pdf, 354 KB]

   ...requirement to alter designation D55 in the Otorohanga District Plan to allow up to 3,000 prisoner places at Waikeria Prison ENV-2017-304-000061 Minister of Corrections Requirement Direct To The Environment Court pursuant to Section 198 of the Resource Management Act 1991 Court Reference: ENV-2017-AKL-000092 1. i. Topic: Topic Number: SCHEDULE OF PROCEEDINGS EC4240_NoticeOf...

9. 2017 NZSSAA 029 (23 June 2017) [pdf, 87 KB]

   ...living in Wellington for five years and there was still no certainty about her receiving treatment. Discussion [10] The purpose of the Act is to provide support for people in hardship, taking into account that where appropriate they should use the resources available to them before seeking financial support under the Act. Ms XXXX accepts that she has assets which exceed the limit of $8,100 set in s 61EC(3)(b). Mr Howell’s argument is that she is entitled to an accommodation su...

10. [2019] NZEmpC 69 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 310 KB]

    ...2 Nicolle v Goleman Wellington Cleaning Ltd [2019] NZERA 113. 3 Goleman Wellington Cleaning Ltd v Nicolle [2019] NZEmpC 51. [7] The application was supported by an affidavit from David Fuimaono, Goleman’s National Human Resources and Compliance Manager. The reason given for this delay in seeking to challenge the costs determination was explained by Mr Fuimaono as an error by Goleman’s advocate. Mr Fuimaono said he instructed Mr Pa’u to challenge the cos...