Search Results

1. [2021] NZEnvC 165 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Toanga [pdf, 554 KB]

   ...“non-tangata whenua” to create a large Māori reservation in areas that traditionally fall within the domain of other iwi, in this instance Ngāti Tama. Such groups could then act contrary to the wishes of tangata whenua across a range of environmental, cultural, social, economic and political considerations. 45 Supplementary Synopsis of Submissions on behalf of Poutama, 21 June 2021, at [46]. 46 Supplementary Synopsis of Submissions on behalf of Poutama, 21 June 2021, at [5...

2. McClelland v Schindler Lifts NZ Ltd [2015] NZHRRT 45 [pdf, 157 KB]

   ...any kind about Mr McClelland personally or his performance, methods and procedures. The incident at the ESR [24] On or about Thursday 24 July 2014 Mr McClelland and Mr R Huiswaard (a long serving service technician) attended the Institute of Environmental Science and Research (ESR) to carry out maintenance on a lift. On his version of events, Mr Huiswaard alleges he observed Mr McClelland fail to observe the safety procedures for safe access to the hoistway. He remarked to Mr McCle...

3. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

   ...building inspector to consider or investigate those aspects of the construction which caused weathertightness defects. [83] Noel Flay also gave evidence for the Council. Mr Flay was a team leader and weathertightness technical advisor in the Environmental Services division of the Council. Mr Flay‘s qualifications and experience are set out in his brief filed 16 August 2010. Mr Flay gave evidence on whether the Council carried out a similar number and type of inspection...

4. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

   ...including from the appellant’s father. [21] In his report of 16 May 2017 Dr Davis explained that the cause of OCD is not fully understood and that it is thought to be the result of a combination of “neurobiological, genetic, behavioural and environmental factors”. He explained that there was a range of risk factors for OCD, but OCD can develop spontaneously in the absence of such factors, and it is common for OCD to first manifest around the age that it did with the appellan...

5. [2020] NZEnvC 176 Summerset Villages Lower Hutt Limited.pdf [pdf, 14 MB]

   ...a way to identify what steps are to be taken to ensure that clear, certain and enforceable outcomes contained in conditions of consent are achieved. They are not a substitute for conditions locking in the standards that are to be met to ensure environmental effects are kept within an acceptable level .... General [7] Summerset subsequently submitted an updated condition set to the Court in a memorandum dated 3 September 2020 explaining the amendments made. [8] Hutt City Council (t...

6. [2024] NZEnvC 051 Hamilton City Council v Waikato District Council [pdf, 735 KB]

   ...Provisions Section 32 assessments must determine whether the proposed provisions are the most appropriate way to achieve the proposed objectives. This must include the identification of alternatives, and cost benefit analysis of the economic, social, environmental and cultural effects of the provisions including whether opportunities for economic growth and employment are reduced or increased. The risk of acting or not acting where uncertain information exists must also be considered....

7. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...stage NZLC was not totally committed to the project, the logs were not milled to specifications. [71] What Dorfliger chose to do was to – “rise to the challenge” - he created a model and modified it in an attempt to overcome the harsh environmental conditions – refer paragraph 12. He did not succeed. It is probable that he made matters worse by the introduction of the compound space invader as a sealer. This compound probably kept the logs apart. I do not think the ca...

8. Armfield v Naughton [2014] NZHRRT 48 [pdf, 167 KB]

   ...everyday life and technologies of surveillance are developing apace. Many uses are beneficial to individuals and society. In particular, surveillance is used in a wide range of contexts: state security and intelligence; law enforcement and regulation; environmental and road traffic regulation; personal and public safety and security; commercial; domestic; research; media; work place; and private investigation. [32] At the same time the Report notes that it is important to recognise t...

9. [2018] NZEnvC 243 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 16 MB]

   ...of OPS, describes his family's longstanding association with Lake Ohau as a recreational destination and his choice to make it his principal place of residence. It also refers to his involvement in the Ohau community and the work of OPS in environmental stewardship. However, it does not offer any helpful insights as to the community's amenity values the amenity values or sensitivity to the Proposal. By contrast to Mr Moore's primary focus on close views, Mr 24 Michael...

10. Youth Justice Indicators Summary Report December 2020 [pdf, 3.4 MB]

    ...Obtain by deception Illicit drug offences Illicit drugs Possess cannabis or drug related utensils; Using cannabis Prohibited and regulated weapons and explosive offences Weapon offences Possess offensive weapon or knife Property damage and environmental pollution Property damage Wilful damage including graffiti-related offences; Unlawfully interfere with motor vehicles; Intentional damage; Arson Public order offences Public disorder Wilful trespass; Disorderly behaviour...