RECENT cases
Board of Inquiry into Watercare Waikato River Water Take Proposal January 2022: Application by Watercare Services Ltd for resource consents to increase abstraction of water from Waikato River / Counsel for Hamilton City Council at Inquiry / Council sought appropriate recognition of Te Ture Whaimana, 20 year consent duration and a robust review condition / Matter of national significance / Application granted on terms sought by Council.
Shaw v Hamilton City Council [2021] NZEnvC 175: Public Works Act objection of Council’s notice of intention to take land / Counsel for Hamilton City Council / Advised Council on process under PWA and represented Council at Environment Court hearing / Council process under PWA upheld and objection dismissed.
AGPAC Ltd v Hamilton City Council [2021] NZHC 2222: Application for judicial review of Council’s Development Contributions Policy / 19 separate claims of unlawful administrative decisions / Counsel for Hamilton City Council in High Court proceeding / Advised Council on DC Policy and implementation / All claims dismissed / Leading authority on development contributions.
Hamilton City Council v Global Metal Solutions Ltd [2020] NZEnvC 174: Application by Council for enforcement order against scrap metal site / breach of District Plan noise limit / Counsel for Hamilton City Council / Advised Council throughout enforcement process and represented Council at Environment Court hearing seeking enforcement orders / Orders granted; [2021] NZEnvC 188: Application by scrap metal site to vary enforcement order /Represented Council in opposing application / application refused.
Rotorua District Council v R [2020] NZCA 176: Charges laid against Council alleging unlawful discharge of contaminants from landfill / Represented Council in all aspects of defence including lead counsel in Court of Appeal quashing District Court approval of Crown’s application to amend charges / Appeal allowed.
Butterworth [2019] NZCorC 62: Coronial inquest into fatality caused by fallen tree within public reserve / Counsel for Rotorua Lakes Council / Represented Rotorua Lakes Council as owner of reserve land and tree at inquest / No adverse findings in coronial decision / Important guidance for local authorities on risk and liability arising from ownership and control of public spaces.
Donaldson v Hemi Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142); Whaanga 1D 1D Roadway (2021) 230 Waikato-Maniapoto MB 168 (230 WMN 168): Application for injunction to remove gate from roadway on maori freehold land / Access rights / Alienation of Maori freehold land / Counsel for main land owner/ Modified injunction order granted.
Rotorua District Council v Ngati Whakaue Education Endowment Trust Board [2018] NZCA 143: Lead counsel in Court of Appeal hearing into appeal against rating valuation decision / Valuation of land owned by Trust Board must take into account permanent prohibition on alienability / Matter referred back to LVT for determination.
Tūwharetoa Māori Trust Board v Waikato Regional Council [2018] NZEnvC 93: Trust Board appealed granting of consents for geothermal power station / Kaitiakitanga and mana whenua / Iwi consultation / s7(a) RMA and Part 2 considerations / Treaty of Waitangi principles / Cultural effects / Counsel for Tūwharetoa Maori Trust Board / Appeal allowed.
Re Hamilton City Council [2018] NZEnvC 66: Objections to Council’s decision to stop roads under LGA 1974 to enable ongoing development of the Ruakura Inland Port / Counsel for Hamilton City Council in environment Court hearing into objections / Advised Council on LGA processes / Objections dismissed and stopping approved.