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1. Guardianship, custody & access: Māori perspectives and experiences [pdf, 627 KB]

   ...individual-collective contrast that a comparison with Western land law invites results in the omission of a vast amount of material about the true significance of land: the role of Papatüänuku as a spiritual being, as ancestress, as the ultimate nurturer of her human descendants; the dual meaning of the term ‘whenua’ 20 Section 15(2). 21 Metge, J. Commentary on Judge Durie’s Custom Law (unpublished paper for the Law Commission, 1996) 3...

2. 2021-10-22 ORC PC7 - [2021] NZEnvC 164 - Interim Decision [pdf, 1 MB]

   OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)

3. Regulatory Impact Statement Vulnerable childrens bill child harm prevention orders [pdf, 234 KB]

   ...effective in preventing harm as they necessarily occur after harm has occurred. As such, the costs outweigh the benefits. 65. An order that a serious abuser not have further children was considered too restrictive, and as raising human rights compliance issues. 66. Flagging and tracking of high risk adults is a potential non-legislative option that was considered, and that Cabinet has agreed to pursue as part of the Children's Action Plan. The work involves a...

4. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...been an agreement, on conditions, that Mr Lewis’s employment would end by resignation on 5 March 2013. [37] Mr Lewis claims that the defendant breached the employment agreement (as varied) on 18 March 2010 when he telephoned the Bank’s human resources free phone and was “advised that the defendant’s records did not record him as being CEO of the New Zealand branch”. Mr Lewis says that on the same day he advised the defendant of this erroneous description of him in its...

5. ENVC Matiatia party corresp joint memo WML AT 20150703 [pdf, 719 KB]

   ...Programme to be Approved by Council This programme shall provide information on water and sediment quality conditions in relation to the following activities in the operating marina that could give rise to adverse effects: (a) Accidental discharges of human sewage from boats berthed in the marina or a failure of the sewage holding tank which is to be provided on the existing pontoon; 8 (b) Discharges of trace metals and co-biocides from anti-fouling paints on the hulls of vessels b...

6. ENVC Matiatia party corresp RPMay15 coastal permit draft conditions [pdf, 181 KB]

   ...to be Approved by Council This programme shall provide information on water and sediment quality conditions in relation to the following activities in the operating marina that could give rise to adverse effects: (a) Accidental discharges of human sewage from boats berthed in the marina or a failure of the sewage holding tank which is to be provided on the existing pontoon; 8 (b) Discharges of trace metals and co-biocides from anti-fouling paints on the hulls of vessels...

7. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   ...obviously they might apply to anthropocentric values (like landscape) it is less obvious that they should apply to biodiversity values. Indigenous ecosystems may be life­ supporting primarily for indigenous biodiversity but ultimately they support all humans including those who may own the land. 2. The concerns .and the competing evidence 2.1 The concerns of the parties [22] The evidence was remarkably wide-ranging for a dispute about a definition. [23] For Forest and Bird Dr Walk...

8. OWRUG - EiC - S H McKeague - Agriculture (4 Feb 2021) [pdf, 1022 KB]

   ...application (e.g. photographs of water body downstream): 9.6 Assess effects on cultural values. Yes (attached to application) No (please outline reasons why this has not been provided) 9.7 Assess any effect on other water users or other human use values. Yes (attached to application) No (please outline reasons why this has not been provided) 9.8 Describe any positive effects from the take. Yes (attached to application) No (please outline reasons why...

9. Youth Court - It’s all relative: the absolute importance of the family in youth justice [pdf, 444 KB]

   ...inexplicable without reference to their family background? Nor would most experts deny the importance of involving the family in any response. Whereas adult criminal justice systems assume that adults who offend are autonomous and individually responsible human beings, youth justice systems rest on different principles. While properly recognising that youth offenders must be held accountable for their offending, youth justice legislation does so by adopting a youth specific approach...

10. [2018] NZEnvC 116 Kumeu Property Limited v Auckland Council [pdf, 8 MB]

    ...deposited dust beyond the subject site as a result of the earthworks activity that in the opinion of the Team Leader - Northern Monitoring, is noxious, offensive or objectionable. Mana Whenua 14. If, at any time during site works, potential koiwi (human remains), archaeology or artefacts are discovered, then the following discovery protocol is to be followed: (a) All earthworks will cease in the immediate vicinity (at least 10m from the site of the discovery) while a suitably qualifie...