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1. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...On 13 June 2007 a joint hearings committee of the Whakatane District Council and Environment Bay of Plenty heard an application by Tuhoe Putaiao to undertake gravel extraction along the upper reaches of the Whakatane River. Prior to and at the resource consent hearing, Tuhoe Putaiao was supported by Te Tawa Kaiti. On 10 July 2007 Tuhoe Putaiao were granted a resource consent which permits them to extract up to 50,000 m 3 of gravel from the Whakatane River. [5] Since late 2007, Tu...

2. [2021] NZEmpC 98 Head v Chief Executive of the Inland Revenue Department [pdf, 190 KB]

   ...respond to, with different considerations arising in respect of each. [16] Finally, it was argued that there was no real prejudice to the defendants if costs were not resolved at this stage. It was submitted Inland Revenue is a large and well- resourced government department, so that any delay in being paid what to them would 4 Dwyer v Air New Zealand Ltd [1997] ERNZ 156 (EmpC) at 157. 5 At p 157; a more recent confirmation of stay factors is set out in New Zealand Cards Ltd v R...

3. ENVC Hearing 6Oct14 WML evidence chief Maxwell Dunn figures [pdf, 31 MB]

   ...TOTAL AREA OF PROPOSED RECLAMATION 1680m² 2 ApproximatelyProposed Esplanade Reserve. Approximately (above proposed Mean High Water Springs) = 2500m² P: 480-2648 - F: 480-2650 Birkenhead, Auckland. 106 Mokoia Road, Land Development Engineers Resource Consent Managers E: info@axis-consultants.co.nz Land Surveyors WAIHEKE MARINA LTD PROPOSED RECLAMATION ESPLANADE RESERVE PLAN 1:500 10150 RC01 A carolineo Text Box Figure 32: Esplanade Reserve Plan carolineo Text Box Matiatia Marin...

4. [2010] NZEmpC 75 EBIIWU & Anor v Carter Holt Harvey Ltd & Anor [pdf, 25 KB]

   ...also emphasise that this case arose out of a genuine dispute and legal uncertainty about new legislation which only a judgment of the Court could have resolved. [21] They further point out that the union is a small organisation with limited resources which provides advocacy services on a voluntary basis. The second plaintiffs are all former saw doctors who have recently been made redundant. [22] An award of costs in this Court is governed by cl 19 of Schedule 3 to the Act. The...

5. Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill [pdf, 167 KB]

   ...environmental and climate change conditions for New Zealand. 5. Specifically, the Bill provides for: a. compulsory registration of individual forestry advisers providing one or more specified services related to the management, harvesting, or sale of forest resources or forest land; b. compulsory registration of entities seeking to purchase, process, or export logs grown in New Zealand; LEGAL ADVICE LPA 01 01 24 c. the Ministry of Primary Industries (MPI) to act as the Forestry...

6. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...Environment Court should proceed. The Court may confirm, reverse or modify that decision in the manner that the Court thinks fit. We note in particular that s59(2) provides that subsection (1) does not limit the powers of the Environment Court under the Resource Management Act 1991 (RMA) . [17] The meaning of these provisions and the application of the Act has been recently considered by the Court in King v Heritage NZ Pouhere Taonga. 3 No party before us sought to dispute the app...

7. [2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board [pdf, 174 KB]

   ...second, the Bay of Plenty District Health Board objects to evidence contained in the briefs of evidence filed by and on behalf of the plaintiff, Dr Mathews. Application for leave to call witness by AVL [2] Ms Wallace is a former human resources associate at the Bay of Plenty District Health Board and its relevant predecessors. Her evidence is clearly relevant to the matters in issue in these proceedings. [3] Ms Wallace has sworn an affidavit in support of the applicatio...

8. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 63 (32 TKT 63) [pdf, 204 KB]

   ...respect for this Court’s jurisdiction. Counsel further submits that it is important to avoid putting the District Court in a position where it needs to choose between continuing a stay and lifting the stay to avoid further use of that Court’s resources. [22] Counsel contends that if this Court was able to indicate its findings in a declaration the District Court may also be able to make a finding on the counter-claim and may be persuaded that this Court has made significant pro...

9. MLC - 2014 September - Speech to the Federation of Māori Authorities national conference [pdf, 444 KB]

   ...them that settlement of our historic Treaty grievances is now in sight. In the post- settlement era, for the next phase of our development, commercial and particularly environmental lawyers are what we need. Māori engagement with environmental and resource management issues is going to be huge in the next 10 to 20 years. We will need lawyers who can combine knowledge of te reo me ona tikanga, and the Treaty, with the practice of environmental law. After 15 or so years as a corporate lawy...

10. Consultation paper enabling on site audits [pdf, 481 KB]

    ...to provide us with a range of closed files. 18. In some instances on-site audits could be conducted at the same site on more than 1 provider, for example at larger firms. This is a more cost-effective option and may allow us to use our auditing resources in a more efficient manner, notwithstanding that the regulatory framework requires a separate audit for each provider. 19. The proposed changes remove the current inference that on-site audits are solely associated with serious qualit...