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1. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...might be a breeding/nursery area; (4) Fragmentation of dolphin habitat; (5) Reduction in available food (fish) because of:' (a) faecal pollution of the seabed under the farm; (b) removal of food at the bottom of the food chain by mussels consuming phytoplankton, with consequent reduction in dolphin food speCIes; (6) The cumulative effects of any one of(1) to (5) above combined with: (a) the adverse effects of the Clifford Bay Ferry Terminal (if constructed); and (b) the...

2. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...38 The more frequent use of cumulative sentences is likely to result in tougher penalties, with resulting increases in the prisoner population. 39 There are also likely to be impacts on the Courts, as cumulative sentencing is a more time-consuming process. Recommended approach to further reforms of section 27 “cultural” reports 40 The Government recently removed legal aid funding for section 27 “cultural” reports.16 In addition to removing funding, the Government h...

3. [2016] NZEmpC 143 Borsboom (Labour Inspector) v Preet PVT Ltd [pdf, 667 KB]

   ...vulnerability, the need for deterrence and the lack of persuasive evidence from the respondents I consider a penalty of $5,000 for the breaches in respect to each of the five workers appropriate. [44] Finally, the Labour Inspector challenges the consequential orders of the Authority set out at [28]-[29] of the determination. This is really only the formal order of the Authority and stands or falls on the decision of the first two grounds of challenge: [28] The first respondent...

4. [2019] NZEnvC 196 Te Runanga O Ngati Awa v Bay of Plenty Regional Council [pdf, 2.5 MB]

   ...the source and exact location of bottling operations and demonstrate full control of the bottling process. To be described as spring water, it must be bottled at source and the transport of water those authorised for distribution to the ultimate consumer is prohibited. [214] Counsel for Sustainable Otakiri submitted that these were operational rather than functional considerations and referred to passages in the statements of Mr Frentz and Mr Batchelor that he submitted supported...

5. [2019] NZEnvC 115 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 17 MB]

   ...were termed 'value', 'premium' and 'icon'. By contrast, Dr Jordan bases his modelling on an assumption that the average price for Pinot Noir would be secured from the grapes produced. [66] On the matter of yield , and consequentially price, we first deal with the opinions offered by Messrs Hay and Deaker. Mr Hay derives a range from 5.5 - 7.1 4 t/ha/p.a, drawing from his experience as a grower and purchaser of fruit in the valley (primarily for Chard Fa...

6. NZLS Predictions in an Uncertain World [pdf, 957 KB]

   ...many pages of description of the evidence the court found:63 … that the retail premises of the plan as now supported by Council may have some impact on trade at the existing centres but that the impact will not be sufficient to generate flow-on consequential effects. Those “findings” are interesting because they are predictions about the future and thus typical of RMA cases. The case went to the High Court. In Westfield (NZ) Ltd v Hamilton City Council64 the High Court said:...

7. Shepherd & Ors as Trustees of the Bell Shepherd Family Trust v Lay [pdf, 288 KB]

   ...CHRONOLOGY 8 3 THE PARTIES 9 4 THE CLAIMS 12 5 JURISDICTION 14 Adjudicator’s Own Experience 15 General Jurisdiction 15 Bathrooms 18 Flat Roof Claims 20 General Damages 20 Consequential Losses 21 6 FACTUAL ANALYSIS OF CLAIMS 21 7 STUCCO 23 8 WEATHERBOARDS 30 9 WINDOW AND DOOR OPENINGS 30 10 DECK 33 11 BALUSTRADES 35 12 ROOFING 36 13 QUANTUM...

8. Evaluation of the Te Hurihanga pilot [pdf, 1.5 MB]

   Te Hurihanga Pilot: Evaluation Report Prepared for the Ministry of Justice by Julie Warren, with Lydia Fraser Centre for Research, Evaluation and Social Assessment (CRESA) October 2009 Te Hurihanga Pilot: Evaluation Report Centre for Research, Evaluation and Social Assessment (CRESA) Ltd 2 Disclaimer This evaluation was commissioned by the Ministry of Justice. The report has been prepared by the authors a

9. Vincent Carlyle Kerr - Evidence in Chief [pdf, 6.6 MB]

   ...suitable state of the environment indicator, and could this be measured and monitored in an ongoing system that was efficient? Outline of Issues 14. Overfishing of sea urchin predators on shallow reefs can result in loss of kelp forests and consequential 'urchin barrens'. This process of ecological disruption is discussed below. 15. Effectiveness of the proposed rules framework for the Motiti Natural Environment Area (in the form of waahi tapu and waahi taonga areas wh...

10. Proposals against incitement of hatred and discrimination Summary of submissions [pdf, 4.7 MB]

    ...dependent on the wealth of the offender so that individuals or organisations with greater access to funds are still deterred from committing crimes of discrimination or hatred. • Reduce the fine because the increase is disproportionate compared to Consumer Price Index changes. Additional content to support provision • Incorporate certain cultural practices (including tikanga Māori) into the consequences for offenders. An example suggested was the use of ifoga in the Governm...