Hayley Green LLB
PJO
Partners
John Jenkison LLB
Consultant
10"
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1915 - 2015
Damian Quinn BA, LLB
Solicitor
10 June 2016
L.
Alice McIntosh
Case/Hearing Manager
Environment Court of New Zealand
CX 10086
AUCKLAND
10 JUN I' S
BY----....
.
"I"'
BY E-MAIL & POST - Alice.Mcintoshjustice..govt.nz
Dear Alice,
ENV-2006-AKL - ALLAN AND SHIRLEY BENSON v THAMES COROMANDEL DISTRICT
COUNCIL
I act for Allan and Shirley Benson.
I enclose for filing in duplicate a Notice of Appeal by the Bensons in relation to the Thames
Coromandel District Proposed District Plan. Service has been effected on the Council. The names
and addresses of other parties who need to be served with a copy of the Appeal are currently
being obtained from the Council. I t may be that there are none, as the Appeal is site-specific.
I have also enclosed the filing fee of $511.11.
Yours faithfully
PURNELL JENKISON OLIVER
Damian Quinn - Solicitor
Litigation and Dispute Resolution
[email protected]
CC By Way of Service
THAMES COROMANDEL DISTRICT COUNCIL
515 MACKAY STREET THAMES
By Delivery
I
LAW
LAW
T h a m e s - Coromandel - W h i t i a n g a - Ngatea
AN ASSOCIATION
W I N O EPENDENT
LEGAL RACTICES
611 Mackay Street - P0 Box 31 - DXGA25514 - Thames 3540 - New Zealand
Phone: 07 868 8680 - Fax: 07 868 8718
Email: [email protected]
Website: www.pjolaw.co.nz
10616 benson letter of engagement.doc
AN ASSOCIATION
OF INDEPENDENT
LEGAL PRACTICES
BEFORE THE ENVIRONMENT COURT
AT AUCKLAND
ENV-2006-AKL
IN THE MATTER
of
the
Resource
Management Act 1991
AND
IN THE MATTER
of an appeal under Clause
14 of Schedule 1 of the Act
against
decision
a
on
a
Proposed District Plan
BETWEEN
ALLAN
AND
SHIRLEY
BENSON
Appellant
AND
THAMES
COROMANDEL
DISTRICT COUNCIL
Respondent
NOTICE OF APPEAL
Instructing Solicitors
Damian Quinn
Purnell Jenkison Oliver
Solicitors
P 0 Box 31
THAMES
Email: [email protected]
Counsel Acting
Phil Lang - Barrister
Victoria legal Chambers
1st Floor, 240 Victoria Street,
P 0 Box 19539,
HAMILTON
Phone (07) 839 0090
Email: [email protected]
I
To:
The Registrar
Environment Court
P 0 Box 7147
Wellesley Street
AUCKLAND
1. Allan Benson and Shirley Benson appeal against a decision of the
Thames Coromandel District Council on the Thames Coromandel
Proposed District Plan.
2. The Appellant made a submission on the Proposed Plan.
3. The Appellant is not a trade competitor for the purposes of section 308D
of the Act.
4. The Appellant received the decision on 29 April 2016.
5. The decision was made by the Thames Coromandel District Council.
6. The appeal is against the Respondent's decision to place Landscape
Overlays on the Appellant's property at Whakatete Bay, ( being the land
in
Certificates
of Title
382/204,
49/44,
17/161,
South
Auckland
Registration District), through notations on District Plan Overlay Map 26.
7. The reasons for this appeal are as follows:
a. Parts of the farm property are appropriate to be subject of the
landscape overlays but other parts of the farm are not appropriate for
any such overlays.
b. Some of the farm property is in high quality and highly valued bush,
other parts have scattered scrub and those parts are appropriate for
return to productive farm land. The qualities of the land and vegetation
within the area outlined in red on Appendix A are such that there
should be no landscape overlays or other special controls on land use.
2
c. Without the ability to return those areas to productive farmland the
property will have little or no productive capacity.
d. The area that is appropriate for exclusion from any overlay is the area
outlined in red in the attached plan "Appendix A" to this Notice of
Appeal.
8. The relief sought by this appeal is that Overlay Map 26 is amended so that
there are no overlays shown as applying to the land area outlined in red on
the attached Appendix A.
9. The Appellant is willing to participate in mediation or other forms of
alternative dispute resolution in an endeavour to resolve the issues raised by
this appeal.
10. The following notices are attached to this Notice of Appeal:
a. Appendix A
b. A copy of the Appellant's submission;
c. A copy of the Respondent's decision;
d. A list of the names and addresses of persons served with a copy of this
Notice of Appeal.
Dated:
10 June2016
P M Lang, Counsel for the Appellant
Appendix A
4
List of names and addresses of persons served with a copy of this
Notice of Appeal
a. Thames Coromandel District Council