Search Results

1. [2019] NZEnvC 013 Horowhenua District Council v Manawatu-Wangagnui Regional Council [pdf, 10 MB]

   ...Consent, which must be complied with at all times. 2. The Consent Holder must ensure the Activities do not result in noxious, dangerous, offensive or objectionable odour or spray drift effects at or beyond the boundaries shown in orange on Figure A 101 attached to and forming part of this Consent. llPage Foxton WWTP Discharge to Air Conditions 4. The Consent Holder must ensure that irrigation of Treated Wastewater automatically ceases when: a. the 1 O-minute average wind speed at...

2. Burke Family Trust v Wellington City Council [pdf, 265 KB]

   ...the trustees of the Burke Family Trust. 9.10 Any question of contribution between them is for them but questions of contributions from other parties I have dealt with below. 10. Liability: D R Bain – 7th Respondent: Project Manager 10.1 The Points of Claim for the claimants dated 15 June 2006 do not identify any claim made against Mr Bain. That claim was at that stage limited to the first, second, third, fourth, fifth and sixth respondents. 10.2 Mr Bain was not origi...

3. Watson v Capital and Coast District Health Board [2015] NZHRRT 27 [pdf, 199 KB]

   ...context of an official policy which made explicit the need not only for the person complained against to be given an opportunity to be heard in her defence but also for the complainant to be able to rebut any defences to the allegation. 19 [101] For these reasons when weighing the competing interests, we find the interests of Ms Watson decisively outweigh those of Ms Slade. It follows we conclude the CCDHB has failed, by a significant margin, to demonstrate that as at February 201...

4. [2018] NZEnvC 093 Tuwharetoa Maori Trust Board v Waikato Regional Council [pdf, 1.9 MB]

   ...case is addressed to social or cultural effects, including the metaphysical aspects of those effects, and these are equally relevant in terms of the duty under s6(e) to recognise and provide for the relationship of Maori with this resource. 17 [101] As noted in paragraph [48] above, Mr Muldowney stated that Ngati TOwharetoa acknowledge the ancestral connection of Ngati Tahu - Ngati Whaoa to Rotokawa and its asserted mana whenua status in respect of Rotokawa. Accordingly, we do not u...

5. CVA Issues paper on implementation of the Victims Rights Act PDF [pdf, 1.7 MB]

   ...the victim or the offender does not wish to attend a restorative justice conference, or the facilitator determines that it’s not safe to proceed, the provider submits a memo to the Court advising that the case did not proceed to conference. 101. Prior to being contacted by a restorative justice provider the victim is also supposed to have been informed by their Court Victim Advisor (if they have opted to receive Court Services for Victims) of their right to request a restorative jus...

6. [2022] NZEnvC 060 Eden-Epsom Residential Protection Society Inc v Auckland Council [pdf, 1.2 MB]

   ...between “special character” and “amenity” and that they cannot be considered in isolation from each other. The experts agreed that the values and qualities of the Gillies Avenue properties’ contribution to special character was: [101] [102] [103] 22 (a) The two houses at 151 and 153 Gillies Avenue contribute to special character because they are examples of period houses with clear architectural merit; (b) The house at 149 Gillies Avenue generally lacks arc...

7. [2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [pdf, 349 KB]

   ...the opportunity to Mr Rodkiss to bring along a support person of his own. But those findings are not conclusive. The resignation which the plaintiff must establish amounted to a constructive dismissal did not occur until two months later. [101] At the next meeting on 22 February 2013, Mr Adams again had Mr Walker present as his support person. Mr Adams had no note takers at any of the meetings. Mr Rodkiss said that he did not feel comfortable recording the meeting but as he was...

8. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

   ...Section 274 party's solicitors: Maree Baker-Galloway | Roisin Giles Anderson Lloyd Level 2, 13 Camp Street, Queenstown 9300 PO Box 201, Queenstown 9348 p + 64 3 450 0700 maree.baker-galloway@al.nz | roisin.giles@al.nz 2101895 | 5755861v1 page 1 Table of contents 1 Qualifications and experience............................................................. 2 2 Code of conduct for expert witnesses ................................................ 3 3 Scope

9. [2023] NZEnvC 207 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 1.3 MB]

   ...are accurate for each area.81 [100] Mr Goldsmith also points out that there is a private covenant registered in favour of the McGuinness property that prevents any extension westwards from Ayrburn Farm of roading and other infrastructure.82 [101] Mr Goldsmith also submits that the bespoke “policies and rules” recommended by Mr J Brown would help to achieve the “more generally worded” Ch 24 objectives and policies.83 QLDC [102] Mr Wakefield submits that a weakness in Mr...

10. Proactive Release - Amendments to the Criminal Proceeds (Recovery) Act 2009 [pdf, 2.7 MB]

    ...occur without any criminal prosecution against a person for related offending. 10. Restraint: to grant a restraining order, the court must be satisfied it has reasonable grounds to believe (an objective and credible basis for thinking) that: 10.1. the property is tainted property (meaning derived from significant criminal activity);2 or 10.2. the respondent has unlawfully benefited from significant criminal activity (meaning the person knowingly derived a benefit, directly or indir...