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  • New Zealand Retail Property Group v Auckland Council [2013] NZEnvC 160: NZEnvC 160

    Application for costs

    Date: 03 Oct, 2013
    Number: NZEnvC 160
    Author: Bronwyn Carruthers (Partner) and Simon Pilkinton (Solicitor), Russell McVeagh

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  • National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health: 102

    NES

    Date: 14 Aug, 2013
    Number: 102
    Author: Bronwyn Carruthers (Partner) and Simon Pilkinton (Solicitor), Russell McVeagh

    In this decision, the Environment Court made three declarations relating to the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health ("NES").  These declarations address the application of the NES in circumstances where a resource consent granted prior to the gazetting of the NES (on 13 October 2011) authorises activities that are now subject to the NES. 

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  • Hutt City Council v Cassells: [2013] NZHC 706

    s181(2) of the Local Government Act 2002

    Date: 14 Jun, 2013
    Number: [2013] NZHC 706
    Author: Bronwyn Carruthers, Partner, Russell McVeagh and Brigid Kelly, Senior Solicitor, Russell McVeagh

    This case involves a judicial review in the High Court of a District Court decision in relation to s181(2) of the Local Government Act 2002 ("LGA 2002") and clearly demonstrates that the age old principles of statutory interpretation are alive and well.  In particular, this case considers whether the power of territorial authorities to construct sewage and stormwater drainage works "on or under private land" allows the Council authority to "suspend" sewage pipes "over" private land

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  • Queenstown Central Limited v Queenstown Lakes District Council [2013] NZHC 815, Justice Fogarty): NZHC 815

    an appeal against the grant of non-complying resource consent for a supermarket in Frankton Flats

    Date: 23 Apr, 2013
    Number: NZHC 815
    Author: Bronwyn Carruthers (Partner) / Brigid Kelly (Senior Solicitor), Russell McVeagh

    This High Court decision allowed an appeal against the grant of non-complying resource consent for a supermarket in Frankton Flats, Queenstown.  In allowing the appeal, Justice Fogarty found that the Environment Court had made material errors of law in its application of the section 104D threshold tests.

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  • Kapiti High Voltage Coalition Incorporated v Kapiti Coast District Council: [2012] NZHC 2058

    New Zealand's electricity transmission and distribution networks

    Date: 22 Feb, 2013
    Number: [2012] NZHC 2058
    Author: Bal Matheson (Partner) / Brigid Kelly (Senior Solicitor), Russell McVeagh

    The case highlights the importance of all network operators very carefully identifying, at an early stage in a project's planning, which aspects of any proposed upgrade might require new or amended property rights, and whether (and to what extent) new resource consents or an amendment to a designation (or outline plan) might be required.

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