Search Results

1. [2023] NZEnvC 147 Gertrude's Saddlery Limited v Queenstown Lakes District Council [pdf, 391 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA K IOTAUTAHI IN THE MA TIER AND BETWEEN AND Decision No. [2023] NZEnvC 147 of the Resource Management Act 1991 an application for declaration under s311 of the Act GERTRUDE'S SADDLERY LTD (ENV-2022-CHC-63) Applicant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan (Sitting alone under s309 of the Act) Last case event: 20 December 2022 Date of Decision: 6...

2. Waikato Bay of Plenty Standards Committee 2 v W [2014] NZLCDT 14 (1 April 2014) [pdf, 81 KB]

   ...maximum fine would have been $5,000.00 under the 1982 Act. It is our view that although the seriousness of this situation would normally demand the imposition of a fine, we consider that given the financial circumstances of Mr W that his meagre resources are better directed to costs and the costs of the proceedings. 5 [16] His circumstances, just in summary, are that he has no income because he is unable to work at the present time as a result of his illness which is ong...

3. ENVC Hearing 6Oct14 AC revised evidence chief Shumane tracked [pdf, 403 KB]

   31551164:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("Act") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF WISSAM (SAM) SHUMANE TRAFFIC ENGINEER – BE (Civil), MIPENZ, CPEng...

4. 2020-12-02 Minute Final Timetable and Expert Conferencing Directions [pdf, 138 KB]

   ORC – PC7 - PHC 27 NOVEMBER 2020 - FINAL TIMETABLE AND EXPERT CONFERENCING DIRECTIONS BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUN...

5. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...of the way it was constructed? 6. XB and TB have emphasised that both the final location and construction of the access at issue by the original developer has not been in accordance with council ([X Council]) requirements and has departed from resource consent conditions. A contractor for XB and TB has advised root incursion was inevitable, and that insufficient excavation and back-filling occurred during construction. XB and TB are very critical of what they see as X Council’s not...

6. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...costs for the remedies it successfully obtained against Mr Powell. That must, however, be balanced against Mr Powell’s successful defence of claims for substantial damages, the hearing of which involved considerably more hearing time and legal resources than the early hearings. Finally, I have to take into account the fact that Mr Powell raised a substantial counter-claim for damages and a penalty in which he also was totally unsuccessful. [16] Analysing the accounts and invoi...

7. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...the outcome of the complaint. It only determines which body should be seized of it.”2 • “… the imposition of a threshold test3 is an unwarranted gloss on s 152…”4 • “The oversight of the LCRO should … assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases.”5 • “… it is in our view important that the Tribunal be able to determine some complaints even though the likely sanction will not involv...

8. IEAA - 2015 annual report [pdf, 148 KB]

   ...have had filed over the last three years by international students only 23 have been successful for the reasons being that there are a number of complaints where there are minimal grounds for the making of the same. The IEAA does not have the resources to translate documents and we are not in a position in most cases to be able to meet with the complainants when about one-third have returned to their own country by the time the complaints reach us. 14. The IEAA notes the vast imp...

9. J R Webb & Sons Ltd - EiC - J S Webb (5 February 2021) [pdf, 153 KB]

   ...the record Helen Atkins Helen.Atkins@ahmlaw.nz (09) 304 0421 Contact solicitor Louise Ford Louise.Ford@ahmlaw.nz (09) 304 0429 IN THE ENVIRONMENT COURT OF NEW ZEALAND ENV-2020-CHC- 128 CHRISTCHURCH REGISTRY IN THE MATTER of the Resource Management Act 1991 (RMA or the Act AND 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...

10. Wernham v Accident Compensation Corporation (Costs) [2023] NZACC 041 [pdf, 150 KB]

    ...claimant. In addition the Court is not only ill suited to determining what might be reasonable costs in a particular instance having regard to the economics of private legal practice, but any such attempt would impose a significant burden on judicial resources should every decision on costs require the careful consideration of this Court. [9] In McPhail,2 Judge Henare stated: [56] Rating this case according to its complexity within categories 1 to 3, I conclude this is not an app...