Case Notes:

• Gavin H Wallace Ltd & Ors v Auckland Council [2012] NZEnvC 120: NZEnvC 120

  Date: 11 Sep, 2012
  Number: NZEnvC 120
  Author: Bronwyn Carruthers, Partner and Brigid Kelly, Senior Solicitor

  Whether the sensitive landscape and heritage characteristics of the subject land are such that the land should be forever protected from any form of urban development?

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• Peter Mawhinney (formerly Kitewaho Bush Reserve Company Limited & Successors) v Auckland Council (formerly Waitakere City Council): [2012] NZEnvC 117

  Costs decision

  Date: 07 Aug, 2012
  Number: [2012] NZEnvC 117
  Author: Bronwyn Carruthers, Partner and Brigid Kelly, Senior Solicitor

  This costs decision involves one of the Environment Court's largest costs awards to date, despite the fact that the substantive matter was a plan reference under Schedule 1 of the RMA where costs are not normally awarded.

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• Treble Tree Holdings Limited v Marlborough District Council: [2012] NZEnvc 38

  The status of scientists under section 274(1)(d) of the RMA

  Date: 07 Aug, 2012
  Number: [2012] NZEnvc 38
  Author: Bronwyn Carruthers, Partner and Brigid Kelly, Senior Solicitor

  This interlocutory decision addresses the status of scientists under section 274(1)(d) of the RMA and whether such individuals can be considered as persons having "an interest in the proceedings that is greater than the interests that the general public has".

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• Sandspit Yacht Club Marina Society Incorporated v Auckland Council: [2012] NZEnvC 52

  Proposed Marina

  Date: 01 Jun, 2012
  Number: [2012] NZEnvC 52
  Author: Bronwyn Carruthers, Partner and Kate McDonald, Solicitor Russell McVeagh

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• Staufenberg Family Trust No.2 v Queenstown Lakes District Council: [2011] NZEnvC 383

  When is it alright for a Council to call evidence opposing its earlier decision?

  Date: 13 Feb, 2012
  Number: [2011] NZEnvC 383
  Author: Brigid Kelly, Senior Solicitor, Russell McVeagh

  When is it alright for a Council to call evidence opposing its earlier decision? - In a recent decision, Judge Jackson reiterated the factors the Court will consider when deciding if a Council can call evidence opposing its earlier decision on a resource consent application.

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