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1. [2019] NZEnvC 179 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 4 MB]

   ...spawning survey. He also noted that the open river bed between the SH8 bridge and the Clutha River/ Mata Au confluence was described by Dr Sanders as "poor nesting habitat for braided river birds" due to a combination of weed infestation and human activities in the river bed, his point being presumably that disturbance of the river bed could affect spawning there. [131] Dr Ryder made the point136 that the growth of broom and lupin in the river bed's lowest reaches cou...

2. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

   ...so too are s 4A penalties compensatory in nature and not punitive. That was, he submitted, the rationale of NZBORA penalties in Simpson v Attorney-General [Baigent’s case] 16 adopting, as one of the purposes of the NZBORA, the promotion of human rights. Mr Churchman also submitted that the Court of Appeal concluded that a breach of an NZBORA duty must give rise to a remedy which, although labelled a penalty, is compensatory rather than punitive in nature.

3. [2018] NZEnvC 025 Minister of Corrections v Otorohanga District Council [pdf, 16 MB]

   ...Ze3101nd Poullere T:;Iong3 MeH Mm'stry 01 CuHur:;a1 Henl3ge : : ; 3 Communication C.ONTACT TRKoW MKTR ReT Cus tGdial Advisor 4 5 Verify Authorisation Find Process '" , '0 CONTACT Assess .. I go 10 step 6 Human remains. ,-, I HNZPT+ NZPoIlCe CONTACT , Taong. - TRKoW >leH MKTR Mm.eology - ReT ! HNZPT i TRKoW '1KTR ! ReT , i CU:.tocilDI Site/Project Cuslod:a! AdVisor I Advisor I ! Archaeologist i Manager Archaeologist...

4. [2018] NZEnvC 015 Mawhinney v Auckland Council [pdf, 21 MB]

   ...quality of coastal water and the amenity and recreational values of popular beaches. Sediment also reduces the biological diversity of urban and rural streams. [42] In passing I note that forestry for harvesting has a beneficial medium-term (1 .5 human generations) effect on climate change in that trees absorb C02 from the atmosphere. Many of those benefits are lost after 24-35 years when trees are harvested, but not all: the timber contains carbon some of which is not released back...

5. [2019] NZEnvC 019 Willowridge Developments Limited v Queenstown Lakes District Council [pdf, 10 MB]

   ...other weeds listed in regional pest management plans. Subdivision (ar) There shall be no further subdivision of Lots 1 to 7, except as follows: (i) Minor boundary adjustments between the titles. Takata Whenua 14. If material that is Koiwi (human skeletal remains), waahi taoka (resource of importance), waahi tapu (place or feature of special significance) or artefact material are discovered, then work shall stop to allow a site inspection by appropriate Runanga and their advisors, wh...

6. [2013] NZEmpC 40 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 356 KB]

   ...Concerns were raised about the nature of the pill that the plaintiff had given her. [15] An employment investigation was commenced. Mr Lowe was responsible for undertaking the investigation and was assisted in this task by Mr Scott (the company’s Human Resources Manager). Ms Dons, a manager within the Crew area, interviewed those involved in the spa pool incident and provided written statements to Mr Lowe and Mr Scott. [16] Ms Dons did not give evidence but it is apparen...

7. [2021] NZEnvC 106 Rangitane o Tamaki Nui a Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 861 KB]

   ...putrescible matter), degradable or leachable components, hazardous substances products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices, materials that may present a risk to human health, or liquid waste. EW18. The Consent Holder shall ensure that sediment losses to surface water arising from the exercise of this resource consent are minimised for the duration of the works and for the term of this consent. In this r...

8. 6_WK-response-to-District-Councils-request-for-information-under-section-92-Final-v2.pdf [pdf, 5.2 MB]

   ...appropriate to first require the PSI to be revised and updated following a complete site inspection, and then require DSIs for all identified pieces of land where the PSI cannot conclude that it is ‘highly unlikely that there will be a risk to human health if the change of use is made’ (Regulation 8(4) and/or that the soil disturbance component cannot meet permitted activity thresholds (Regulation 8(3))? Waka Kotahi considers that the PSI is complete for its intended purpo...

9. 21.-Evidence-of-Mr-Michael-Smith-Noise-and-Vibration.PDF [PDF, 1.4 MB]

   ...overall noise levels.15 For locations where the existing environment primarily consists of natural sounds, the amenity effects will often result as much from the change in character as from the change in level. 39. Factors that influence the human response to noise include non-acoustic factors such as an individual’s sensitivity to noise, underlying health conditions, prior exposure to noisy environments, relationship with the noise source and expectations in general. 15...

10. Gibbs v Te Runanga o Ngati Tama - Part Lot 2 and Lot 1 DP 4866 (TNK 4/901) and Section 1 SO 10359 CT TNK4/792 (2011) 274 Aotea MB 47 (274 AOT 47) [pdf, 370 KB]

    ...original tangata whenua who welcomed the waka migration. She refers back to the pre-migration people who inhabited these islands according to Māori tradition long before the arrival of the waka. Indeed, Māori mythology records the procreation of humanity commencing with the children of Ranginui and Papatuanuku. 57 Despite what Mrs Gibbs asserts, she has identified herself as being a person of Ngai Tūhoe descent. While in recent times the Waitangi Tribunal has also recorded...