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1. 20240924-Marine-and-Coastal-Area-Takutai-Moana-Customary-Marine-Title-Amendment-Bill.pdf [pdf, 372 KB]

   ...essentially contested, and reasonable people can disagree in good faith as to what the best balance is. 58. This in turn places this case in the category of cases that involve high questions of cultural, social and economic importance, broad value judgments and assessments of the common good, questions of social philosophy, and which inescapably call for the exercise of political judgement by elected representatives.64 59. This is the type of case in which it is difficult to identify a...

2. Waitangi Tribunal Vol 1 Tauranga Moana [pdf, 13 MB]

   T   A   U    R    A     N    G     A  M   O  A     N     A 1  8  8  6    –    2  0  0  6 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W  A  I  T A  N    G 

3. Dr Phil Ross - Evidence in Chief [pdf, 1.1 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANATRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF DR PHIL ROSS ON BEHALF OF MOTITI ROHE MOANA TRUST 26th October 2017 Counsel Acting RB Enright Barrister Level 1, Stan beth House 28 Customs St East B

4. Director of Proceedings v Brooks (Application for Final Non-Publication Orders) [2019] NZHRRT 33 [pdf, 1.6 MB]

   ...jurisdiction are inapt. There notions of "extreme hardship" are engaged. [163] Plainly the s 95(2) requirement of desirability is significantly lower. On this issue, Fogarty J in ANG v A Professional Conduct Committee said: "As this judgment will endeavour to demonstrate, there has not been consistent interpretation and application of s 95. Second, in this judgment under appeal and other judgments, the policy disposition of the Tribunal has been consistent with the polic...

5. ENVC Hearing 6Oct14 AC revised evidence chief Bremner tracked [pdf, 908 KB]

   ...Plan: Coastal 70. In paragraphs 628 – 738 of my Report I provided an assessment of the Proposal against the relevant objectives and policies of the ARP:C. 71. Many of the objectives and policies that are relevant to the Proposal require judgments around appropriate and efficient use and development in the Coastal Marina Area (CMA). In my view whether or not the Proposal constitutes “appropriate” development in the CMA will be guided by positive

6. Planning (dated 22-26 May 2017) [pdf, 762 KB]

   ...this report, a non-complying activity status is used where an activity is not “provided for” in a certain environment (be it a management/major facility zone or within an overlay or mapped area) because it is generally not seen as appropriate. The judgement of appropriateness must consider the potential cumulative effects of activities not just those of an individual activity, and whether due to these effects the non-complying status is necessary to achieve the objectives of the plan. F...

7. [2020] NZEnvC 170 Smith v Young.pdf [pdf, 7.8 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND AND BETWEEN AND Decision No. [2020] NZEnvC 170 of the Resource Management Act 1991 of an application for an enforcement order under section 316 of the Act MICHAEL & EMILY SMITH (ENV-2018-CHC-191) Applicants KARL & GINA YOUNG First Respondents an appeal under section 120 of the Act MICHAEL & EMILY SMITH (ENV-2018-CHC-197) A

8. Privacy Bill - Regulatory Impact Statement - additional policy decisions [pdf, 502 KB]

   ...is unique. The scale and cost of a mandatory notification process, for example, is influenced by the nature of the issue, the risk of harm that is posed, and the number of people affected. The analysis in this RIA is therefore qualitative. The key judgements (and assumptions) we have made about the impacts on agencies and individuals are included in relevant sections in the RIA. Evidence of the need for changes to the Bill has come from submissions. In developing options, the Min...

9. [2018] NZEnvC 221 Giles v Auckland Council [pdf, 8.8 MB]

   ...the plan given Ms Gepp's interpretal/on of the avoidance pol/oy. Tl1Is would mean Ihat Ihe effeols could be no more than minor. Clearly, Ihls does not, in Itself, mean that effects would be avoided; (iv) such a conclusIon would requIre a Judgement again of the levels of affects, end a proportionate response to all elemenls of file application to properly aonslder 8 non-complying aonsent. Whal ooncems Ihe Courl, parlloulariy, Is Ihal suoh a non-oomplylng evaluation may Ihon...

10. [2012] NZEmpC 40 Kaipara v Carter Holt Harvey Limited [pdf, 170 KB]

    ...ARTHUR (HATA) KAIPARA Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: 20-22 February 2012 (Heard at Rotorua) Appearances: Stan Austin, advocate for plaintiff Daniel Erickson and Mere King, counsel for defendant Judgment: 5 March 2012 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues in this challenge from a determination 1 of the Employment Relations Authority are whether Arthur (Hata) Kaipara was disadvantaged unjustifiably in, and/or dism...