Search Results

1. [2019] NZEnvC169 Kapiti Coast District Council [pdf, 3.3 MB]

   BEFORE THE ENVIRONMENT COURT MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN Decision No. [2019] NZEnvC 16 C\. of the Resource Management Act 1991 of an application under section 86D of the Act KAPITI COAST DISTRICT COUNCIL (ENV-2019-WLG-000104) Applicant Court: Hearing: Environment Judge B P Dwyer sitting alone under s 279 In Chambers at Wellington Date of Decision: ~b October 2019 Date of Issue: lf> October 2019 DECISION OF THE ENVIRONMENT COURT...

2. McArthur Ridge – EiC – J Rasmussen (4 Feb 2021) [pdf, 11 MB]

   ...Telephone: 021 997 343 Email: norman.elder@awslegal.co.nz 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 sec...

3. [2020] NZEmpC 59 Johnson v Chief of the NZ Defence Force [pdf, 246 KB]

   ...assessment of an appropriate notional daily rate...) that the Authority is not intended to be an overly legalistic or costly forum. This ought, in ordinary circumstances, to reduce the amount the parties may reasonably be expected to expend on legal resources. While it is each party’s right to instruct counsel and (if they do) to instruct counsel of their choosing, and to apply significant legal resources in the pursuit or the defence of the claim in the Authority at first insta...

4. Waitangi Tribunal Hearing Calendar (11 September 2018) [pdf, 435 KB]

   ...16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page | 3 – Updated 11 Sep 2018 1 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Hauraki, A; Moko-Mead, H; & Burke, C 2 Wai 2200 – Porirua Ki Manawatū – Panel Members: Judge Fox, Phillipson, G; Kidd, D;...

5. QB v OL [2021] NZDT 1563 (7 December 2021) [pdf, 164 KB]

   ...contribute to sealing or survey costs? 7. The Agreement for Sale and Purchase does not contain any clause requiring the purchasers to contribute to sealing or survey costs. The responsibility for these costs sat with QB, who had obligations under the Resource Consent for the subdivision to attend to both matters. The CI0301_CIV_DCDT_Order Page 2 of 5 Agreement did not charge any of these costs to the purchasers. QB was to provide the infrastructure in the subdivision and undert...

6. [2022] NZEmpC 207 Arohanui Hospice Service Trust v New Zealand Nurses Organisation [pdf, 190 KB]

   ...taken to be that which the parties intended. Background that may assist is that which a reasonable person would regard as relevant. The context provided by the contract as a whole and any relevant background inform meaning. [26] In Bathurst Resources Ltd v L&M Coal Holdings Ltd, the Supreme Court confirmed that evidence of prior negotiation and subsequent conduct may be admissible under s 7 of the Evidence Act 2006 if it can assist in the task of proving anything relevant to...

7. 20230621-Regulatory-Systems-Primary-Industries-Amendment-Bill.pdf [pdf, 208 KB]

   ...seizure.8 Most notably, clause 99 provides for the removal of the requirement for an inspector to be accompanied by a constable when executing search warrants under the Biosecurity Act. We understand that this change is intended to ease administrative and resourcing burden for the New Zealand Police and the Ministry for Primary Industries. The removal of this safeguard necessitates a consideration of whether this search power remains reasonable. 22. Ordinarily, a provision found to limit...

8. [2023] NZEnvC 263 Feeley v Queenstown Lakes District Council [pdf, 1.7 MB]

   FEELEY & ORS v QLDC – TOPIC 31 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 263 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN A FEELEY, E BORRIE & LP TRUSTEES LIMITED (ENV-2019-CHC-21) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Comm...

9. JD v ACC (Leave to Appeal to the High Court) [2024] NZACC 62 [pdf, 210 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . 2 O’Neill v Accident Compensation Corporation [2008] NZACC 250. 8 [30] In G...

10. [2024] NZEnvC 204 Fleming & Jelaca v Waikato District Council [pdf, 369 KB]

    Fleming & Jelaca v Waikato District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 204 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN S & T FLEMING P JELACA (ENV-2022-AKL-068) Appellants AND WAIKATO DISTRICT COUNCIL Respondent Court: Environment Judge S M Tepania Hearing: On the papers Last case event: 6 August 2024 Counsel:...