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1. KF v Standards Committee LCRO 363/13 (27 May 2015) [pdf, 98 KB]

   ...repeated correspondence, Mr KF had failed to provide submissions in support of his review application. [17] Three review applications involving Mr KF were scheduled for hearing on the same day. [18] It was considered an efficient use of time resources, and of obvious advantage to Mr KF, if all three matters could be heard on the one day. [19] Mr KF’s response to the disciplinary process followed a familiar pattern with all three review applications filed. Each application fil...

2. ANZFW – EiC – N J Paulin (5 Feb 2021) [pdf, 880 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of a referral under s 142(2)(b) of the Resource Management Act 1991 BETWEEN OTAGO REGIONAL COUNCIL Applicant AND AOTEAROA NEW ZEALAND FINE WINE ESTATES LIMITED PARTNERSHIP Submitter EVIDENCE IN CHIEF OF NICHOLAS JAMES PAULIN 5 February 2021 Solicitor: HR Bodle, Greymouth...

3. [2022] NZEmpC 20 Courage v Attorney-General [pdf, 195 KB]

   ...interrogatories, the interrogatories are oppressive. There are less than two weeks to the hearing. Requiring the second defendants to refocus their attention on responding to the interrogatories would be burdensome, time-consuming and divert resources away from trial preparation.13 I do not accept the plaintiffs’ submission that it would be a straightforward exercise, having regard to the nature and scope of the interrogatories. Nor do I accept the submission that th...

4. [2024] NZEmpC 83 Caisteal An Ime Ltd v A Labour Inspector Costs. [pdf, 224 KB]

   ...completeness, Mr Angus’ reliance on the Environment Court’s costs judgment in Royal Forest and Bird Protection Society of New Zealand Inc v Northland Regional Council does not assist.17 The Court explained in that case that under s 285 of the Resource Management Act 1991 it has a discretion about awarding costs.18 The Court went on to say that it does not as a matter of general practice allow costs to a successful party unless there are special circumstances making it fairer to...

5. Hoko - Papamoa 2A1 (2001) 68 Tauranga MB 96 (68 T 96) [pdf, 1.4 MB]

   ...Colin Reeder who gave evidence for the Trust stated under cross-examination that he was unaware of any bones being found during excavation for a sewage pipeline which runs across the block. The applicant has, in partitioning this land, obtained resource consent at a considerable cost. He laid the Court that he wants the status changed for development reasons and that he wishes to develop the land by way of subdivision, building of apartments and sale of sections. He indicated that...

6. Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Notes of Evidence - 27 November 2017 [pdf, 1.8 MB]

   ...that the rules are proposed by Graham Lawrence, immediately any party can come to council to apply for, what we call a 11 Motiti Rohe Moana Trust & Ors v BOP Regional Council – ENV-2015-AKL-134 (27 Nov 2017) fully discretionary resource consent, so if this went in the plan tomorrow, commercial fishers, recreational fishers, customary fishers could come to council straightaway and ask for consent, is that your understanding of how the rules operate? A. Ask for what?...

7. 10.-Justine-Quinn-Freshwater-Ecology.pdf [pdf, 3.9 MB]

   ...david.randal@buddlefindlay.com Tel 64-4-499 4242 Fax 64-4-499 4141 PO Box 2694 DX SP20201 Wellington 6140 IN THE ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF a notice of motion under section 87G of the Act seeking the grant of resource consents to Waka Kotahi NZ Transport Agency for Te Ahu a Turanga: Manawatū-Tararua Highwa...

8. [2014] NZEmpC 28 Harvery Norman v Boult [pdf, 51 KB]

   ...Friday 9 August 2013. The matter will then be decided on the papers. Any claim for costs will be addressed at the same time. [5] Mr Edwards then provided a memorandum of submissions and an affidavit of Ms Van Niekirk, the plaintiff’s Human Resources Manager, in support. Offer of settlement without prejudice as to costs [6] The defendant lodged his statement of problem with the Authority on 30 June 2011. The plaintiff has not provided a copy of that statement to the Court but Ms...

9. CAC 306 v White [2016] NZREADT 38 [pdf, 154 KB]

   ...“like for like” manner in Jervoistown, and any such installation would be subject to the provisions of building and drainage standards enforced by the Napier City Council and the Hawkes Bay Regional Council. In his opinion a building permit and resource consent would be required. Having viewed the property, he had concluded that the tank was in good condition, however the effluent soakage trenches were not allowing the effluent to soak into the soil. [17] He further consi...

10. Attorney General - Marlborough Sounds (1998) 5 Te Waipounamu Appellate MB 3 (5 APTW 3) [pdf, 265 KB]

    ...evidence available to the Court determining tbe question at that time. The Solicitor-General on behalf of the Crown at paragraph 39 of his submission submitted that the question at stake raised fundamental issues as to the ownership of New Zealand resources and the status of customary law in New Zealand and went on to say: "It is important that these issues be examined by the highest Courts in New Zealand, drawing on both the common law and international law. Once those Court...