CASE NOTES NUMBER SEARCH


FILTER SEARCH

Case Notes:

  • Scope of appeals to the Environment Court against resource consent decisions: NZHC 1362, 17 June 2014

    Scope of appeals to the Environment Court against resource consent decisions

    Date: 04 Aug, 2014
    Number: NZHC 1362, 17 June 2014
    Author: Bronwyn Carruthers (Partner) and Emma Matheson (Senior Solicitor), Russell McVeagh

    Simons Hill Station Limited and Simons Pass Station Limited ("Simons") were granted resource consent by Commissioners appointed by the Canterbury Regional Council to take and use water for irrigation from Lake Pukaki or the Pukaki Canal for their farm properties. 

    Royal Forest and Bird appealed the Commissioners' decision under section 120 of the RMA to the Environment Court.  It cited adverse effects on landscape, terrestrial ecology and water quality as the basis for its appeal. 

    Read Full Case Notes
  • Outline Development Plan Provisions Found to be Ultra Vires: [2014] NZEnvC 93

    Outline Development Plan Provisions

    Date: 09 Jun, 2014
    Number: [2014] NZEnvC 93
    Author: Bronwyn Carruthers (Partner) and Charlotte Sygrove (Solicitor), Russell McVeagh

    In the third interim decision relating to the comprehensive rezoning of the Frankton Flats for urban development, the Environment Court decides that the outline development plan ("ODP") rules are ultra vires.  This is likely to impact on if and how these planning instruments are used in future plans, and the timing of land being up-zoned for urban development.

     

    Read Full Case Notes
  • Palmerston North Industrial and Residential Developments Limited v Palmerston North City Council: [2014] NZEnvC 17

    Proposed Plan Change 6

    Date: 07 Apr, 2014
    Number: [2014] NZEnvC 17
    Author: Bronwyn Carruthers (Partner) and Samantha Beattie (Graduate), Russell McVeagh

    In a recent Environment Court case, Palmerston North Industrial and Residential Developments Ltd ("PNIRD") applied for declarations that submissions they made  regarding proposed Plan Change 6 ("PC6") to the Palmerston North City District Plan ("District Plan") were "on" PC6 and therefore within jurisdiction.

    Read Full Case Notes
  • Section 293 can go beyond the scope of an appeal, but not the scope of the proposed plan or change: NZHC 3042 [2013]

    Limits of the Environment Court's jurisdiction under section 293 of the RMA

    Date: 11 Feb, 2014
    Number: NZHC 3042 [2013]
    Author: Bronwyn Carruthers and Kate Kempthorne, Russell McVeagh

    A recent decision of Justice Brewer in Auckland Council v Byerley Park Limited is a reminder of the limits of the Environment Court's jurisdiction under section 293 of the Resource Management Act 1991 ("RMA") - namely that the Environment Court has the jurisdiction to go beyond the scope of an appeal, but no jurisdiction to go beyond the scope of the relevant plan change. 

     

    Read Full Case Notes
  • Judicial Review - Importance of recognising and applying the right legal tests: NZHC 2518

    Judicial Review

    Date: 05 Dec, 2013
    Number: NZHC 2518
    Author: Bronwyn Carruthers (Partner) and Sarah Glenn (Solicitor), Russell McVeagh

    Whatever It Takes Trust Inc ("Trust") sought consent for a multi-unit development ("Development") opposite Macpherson and Matheson's ("M") property in reliance on a controlled activity status under the relevant plan.

    Read Full Case Notes
top Previous
1 | 2 | 3 | 4 | 5 |
Next