Ministry of Justice

Search Results

1. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

   ...already been made at these processes. It may be important for the case-managing judge to be alert to this sort of issue. [28] While mentioning the thinking of Judge Rackemann, it is interesting to read a recent article by him in the National Environmental Law Review, 1 the official journal of the National Environmental Law Association of Australia. I will leave those interested to read the article, but simply note here that Judge Rackemann offers an interesting critique of the...

2. ENV-2016-AKL-000212 Smithies Family Trust v Auckland Council [pdf, 269 KB]

   ...lack of opportunity and flexibility for appropriate subdivision and use within the rural zones, and the Rural Production zone in particular. (b) Inappropriately try to protect rural land from forms of subdivision which will in fact have important environmental and ecological benefits, including the protection, rehabilitation or enhancement of significant biological diversity. (c) Are not based on any sound resource management rationale as to why appropriately formulated rules (as have...

3. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...17 ARC 96/11 IN THE MATTER OF an application for special leave for removal of a matter to the Employment Court BETWEEN TRANSPACIFIC INDUSTRIES GROUP (NZ) LIMITED Applicant AND KAINE HARRIS First Respondent AND SMART ENVIRONMENTAL LIMITED Second Respondent Hearing: 2 February 2012 (Heard at Auckland) Counsel: Stephen Langton and Alex Chadwick, counsel for the applicant Gretchen Stone, counsel for the respondents Judgment: 9 February 20...

4. ENVC Matiatia expert witness coastal ecology antifouling 2014 [pdf, 3.4 MB]

   ...some additional quantitative information is required before an informed decision can be reached. be modified to ... CW considered that a great deal more quantitative information is required before fully informed decisions regarding the potential environmental impacts of the proposed marina on Matiatia Bay can be reached." Coastal Ecology and Antifouling Joint Witness Statement I 2 INTRODUCTION 1. This signed joint witness statement is written in response to the Court'...

5. Wairakei Pastoral Limited [pdf, 452 KB]

   ...reference in Matter (iii) to demonstrating how the Goals and Principles will be achieved given the wording of Goals 1, 2, 6, 7 and 8 and Principles 9, 11, 13, 15, 16, 18 and 20. 6 iii. The reference in Matter (iv) to achieving the “environmental outcomes of the stock exclusion requirements in Schedule C” when there are none; and iv. The reference in Matter (v) to cumulative effects. i. The unworkable requirement for an applicant to provide an assessment by comparis...

6. [2020] NZEnvC 188 NZ Fairy Tern Charitable Trust v Auckland Council [pdf, 503 KB]

   ...there appears to have been a significant expenditure of money upstream of the dam on inanga spawning areas when the dam continued to bar such spawning. [21] Overall, I conclude this is a salutary lesson in the need for parties to focus on the environmental outcomes necessary rather than on litigation and blame. I strongly recommend that the Council consider trying to form some sort of multi interest approach to the issues at Te Arai, particularly as they relate to the fairy tern....

7. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...Tiriti o Waitangi claims. The Cumulative Effects on Te Waitemata 31. Te Waitemata and the surrounding areas have been significantly modified by past activities and activities that are currently permitted within the area. 32. We do not have an environmental bottom line or isolated assessments of the effect of particular activities. The mauri of Te Waitemata and the surrounding areas cannot be fragmentised or compartmentalised into certain eras. The cumulative effect of past and...

8. BQ v YE LCRO 188 / 2010 (1 April 2011) [pdf, 117 KB]

   ...the most significant) but that other divisions of Council, underground surface authorities, adjoining property owners and the general public had (and may have wanted) the opportunity to object to the road being stopped. [3] In August 1997, the Environmental Control Business Unit of Council wrote to the Applicant advising that it was unable to support his application for the purchase and that his request would not be advanced. [4] The Applicant corresponded with the Environmental B...

9. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

   ...to experts’ costs, counsel note that the second invoice from SLR consulting, for $3,395.67, does not pertain to work in relation to the enforcement orders and is for services rendered after the orders were made. They submit that the Davidson Environmental Limited invoice for $5,462.50 is for an affidavit having at best peripheral relevance. They challenge the relevance of the CKL invoice for $11,095.30 for “planning” as no affidavit of Mr Batchelor’s was produced in suppor...

10. 2022-02-11 Statement of Evidence of Dean Whaanga dated 11 February 2022 [pdf, 183 KB]

    ...Waihōpai Rūnaka, Te Rūnanga Ōraka Aparima and Te Rūnanga o Awarua. See also my evidence on the primary sector provisions of PC8 dated 17 September 2021. 4 Te Tangi a Tauira – the Cry of the People: Ngāi Tahu ki Murihiku Natural Resources and Environmental Management Plan 2008. 5 environment in as good or even better condition than it was when we inherited it from those who came before us. 19 Ngāi Tahu ki Murihiku have been working with the fundamental concept of Te Man...