Search Results

1. 2021-05-18 JWS - Deemed permits and associated rights of priorities [pdf, 292 KB]

   ...IN THE MATTER 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) of the Resource Management Act 1991(the Act) BETWEEN OTAGO REGIONAL COUNCIL Applicant ENV-2020-CHC-127 Facilitator Deputy Commissioner- RM Dunlop Date 3 May 2021 and 17 May 2021 Venue Heritage Dunedin Leisure Lodge, 30 Duke Street, Dunedin...

2. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...including the Whakatane Historical Society. He also retains strong connections to the Rangitaiki hapO Kahu Pake and through various tipuna to TOwharetoa. Mr Wiremu Maunsell is chairman of a local hapO trust that administers the bulk of tribal lands and resources of several coastal hapO. The evidence before the Court confirms that these hapO whakapapa directly to the tipuna named in the original title investigation into ROrima in 1920. He is also a former Chairman and iwi authority repre...

3. [2017] NZEmpC 82 Judea Tavern Ltd v Jesson [pdf, 121 KB]

   ...her job could not be held open for her any longer. Nor do I accept, based on the evidence before the Court, that the situation was as difficult as now asserted. As Mr Wade made clear, Ms Jesson’s absence was able to be covered by drawing in resources from elsewhere. [28] While Mr Wade gave evidence that he told Ms Jesson during the course of the 12 October telephone conversation that he would be writing to her outlining the situation from the company’s perspective, no letter...

4. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...Standards Committee [X] declined to take any further action on her original, 26 October 2013, complaint. [9] Her first complaint was that RT had: (a) prepared a first right of refusal contractual agreement, when the proposed development lacked resource consent; (b) received her money and wrongfully paid it out to others; and (c) was active in promoting sales in what turned out to be a fraudulent development. [10] The Committee’s May 2014 decision to take no further action o...

5. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   ...agreements for sale and purchase for each of the above sales included a number of conditions addressing the fact that the apartments were being sold off the plans: for example as to titles being issued and transferred, the vendor obtaining all necessary resource consent, approvals and permits, and the vendor’s ability to make variations or alterations to the units and accessory units. [5] A Code Compliance Certificate for the apartment building was issued by Christchurch City Coun...

6. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 113 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AHUAREKA TRUSTEES (NO. 2) LIMITED (ENV-2015-AKL-000147) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge 8 P Dwyer sitting alone under s 279 of the Act Hearing: On the Papers in Wellington Date of Decision: 24 July 2020 Date of Issue: 24 July 2020...

7. Disclosure Statement Criminal Cases Review Commission Bill [pdf, 300 KB]

   ...overseas Commissions have found this has led to material improvements in the number of applications from specific populations. Further, the Commission’s power to make initial inquiries may ease the burden on applicants, particularly those who lack the resources to make an application, and may have no recourse to legal assistance or someone to champion their cause to the CCRC. The Commission’s power to determine its own policies and procedures provides a tool for the Commission to dev...

8. [2023] NZEnvC 038 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 318 KB]

   ...Charitable Trust v Heritage New Zealand [2022] NZHC 2713. [23] [24] [25] [26] 7 Basis of strike out application First Gas’s submissions The Environment Court has jurisdiction to make a strike out application under s 279(4) of the Resource Management Act 1991 (RMA). First Gas submits that the Poutama Trust have no reasonable case, that the appeal is untenable, and that to allow the appeal would be an abuse of process because the appeal is bound to fail. Specifica...

9. 2022-02-11 Statement of Evidence of Jana Davis dated 11 February 2022 [pdf, 784 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

10. MacNaughtan v Accident Compensation Corporation (Application for Leave) [2024] NZACC 33 [pdf, 247 KB]

    ...3 O’Neill v Accident Compensation Corporation [2008] NZACC 250. 9 [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 … . [30] In Gilmore,4 Dunningham J stated: [55] I accept that, for the purposes of leave, it...