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BI-309448-3-497-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF MICHAEL WILLIAM MOORE ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on
...fully understand how it could meet its obligations to both her and ONM. [45] Also, on 2 May 2019, evidence for the intended hearing on 7 May 2019 was filed by ONM, being an affidavit from Ms C, and a brief of evidence from Ms D, a member of its Human Resources team. These witnesses provided detailed information as to the steps taken by ONM since the date of settlement, including those summarised above. Ms C acknowledged ONM was adopting a very cautious approach to the RTW issues...
...more expensive option for Mr Noe. Application for enforcement orders [6] On 24 August 2020 the Council filed a further application for enforcement orders due to the lack of compliance from Mr Noe, and the ongoing risk to the environment and human health if the property is left in an un-remediated state.3 [7] The Council submits that the enforcement orders now sought are necessary to compel Mr Noe to undertake the requisite remedial work without further delay. Evaluation [8]...
...no national policy statements or New Zealand coastal policy statements relevant to this application. The documents that are relevant are considered below. National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. 6.3 The National Environmental Standard (NES) for Assessing and Managing Contaminants in Soil to Protect Human Health applies to land that is or has been used for a hazardous activity or industry. These activities are listed on...
...operators and passengers in vehicles and machines when travelling over uneven surfaces. The transmission of vibration to the body is dependent on body posture. The effects of vibration are complex. Exposure to WBV causes motions and forces within the human body that may: • Cause discomfort; • Adversely affect performance; • Cause health effects or aggravate pre-existing conditions. Vibration arises from various mechanical sources with which humans have physical contact. V...
...Contractors/ Works Supervisor/Consent Holder shall notify the Area Archaeologist of Heritage NZ (HNZ) – Pouhere Taonga (Northland Office), Te Uri o Hau/Environs Holdings Ltd, Kaipara Council and any required statutory agencies (e.g., NZ Police for human skeletal remains). ▪ The Contractors/ Works Supervisor/Consent Holder shall ensure a buffer zone of 10 metres is roped or marked around the archaeological remains and that the remains are Commented [BS2]: Proposed amendment per...
...in the position of the victim and posting the communication causes harm to the victim. 11. The Bill also proposes amendments to the Crimes Act 1961 for the offence of aiding and abetting suicide. It also amends the Harassment Act 1997 and the Human Rights Act 1993 so as to clarify their application to digital communications. Qualified immunity for online content hosts contingent on responsiveness to complaints 12. Clause 20, which is termed a “safe harbour” provision, provi...
...and industrial discharges to air. (iii) E14. Air quality … E14.2. Objectives [rcp/rp] (1) Air quality ... (2) Air discharges from use and development meet national air quality standards Auckland Ambient Air Quality Standards. (3) Human health, … 100053497/5125981 8 (iv) E14.3 Policies [rcp/rp] (1) Protect human health by requiring that air discharges do not cause ambient air quality to exceed the Auckland Ambient Air Quality Standards in Table E14.3.1 fo...
...of 8 metres for fencing; (iii) at 8101 .4, the removal of wind thrown trees or dead standing trees which have died as a result of natural causes where this is necessary to avoid adverse effects on remaining treed or vegetation or to avoid risks to human life or property; (iv) at 8IO1.6(a), the clearance, modification or removal of indigenous vegetation which has grown naturally on land lawfully cleared since 2000, provided that clearance, modification or removal within 10 metres of a wa...
...this basis. 21. The key question in assessing whether there is a limit on (breach of) the right to freedom from discrimination are:5 a. does the legislation draw a distinction on one of the prohibited grounds of discrimination under s 21 of the Human Rights Act, and if so, 3 Cropp v Judicial Committee [2008] 3 NZLR 744 at [33]; Hamed v R [2012] 2 NZLR 305 at [162]. 4 Section 19(1) Bill of Rights Act and s 21(1)(i) Human Rights Act 1993....