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1. Appendix-3_Logan-Brown_s87F-Report_Water-Quality-and-Aquatic-Ecology_28-April-2023.pdf [pdf, 886 KB]

   ...unlikely to meet the water clarity standards in the respective regional plans. An example of this is visual clarity within the Waitohu catchment. Monitoring in the Waitohu Stream at Norfolk Crescent has a 5 year median distance for visual clarity as 1.01 metres,5 whereas the PNRP has a target clarity of above 1.6 metres at above the 50th percentile flow. As I discuss below, the fact that values (for water quality) are already compromised is not a sufficient or good reason to allow...

2. [2019] NZEnvC 125 Schmuck v Northland Regional Council [pdf, 2.7 MB]

   ...held valid resource consents providing for boatyard activities on his land, the adjacent esplanade reserve and the CMA, together with rights for discharges to air, land and the CMA. (footnote: See for instance, Schmuck v FNDC and NRG [2014] NZEnvC 101, where Judge Kirkpatrick held that the consent authorising use of the reserve for boatyard activities was valid and had been given effect to. His Honour also was at pains to explain why the paragraph in the Memorandum requiring the Min...

3. Starik v Auckland Council [2016] NZWHT Auckland 5 [pdf, 491 KB]

   ...that led to damage and the need to remediate this significantly damaged wall and the framing associated with it. Defect four – top fixed handrail through balustrade tops [100] This defect is depicted in Mr Gray’s brief of evidence. 18 [101] Mr Gray’s evidence was that this construction was contrary to: 17 Above n 4, at photographs 96–99. 18 Above n 4, at photographs 31–37, 58–69 and 108–109. 22 (a)...

4. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 13 MB]

   ...policies 13 and 15 of the NZCPS were also relevant. The High Court quoted98 King Salmon to the effect that these policies provide "something [in the] nature of a bottom line9". Wylie J continued:10o 9' 95 96 97 98 99 100 101 In King Salmon, the Supreme Court reconciled policies 8,13 and 15 (policy 8 recognises the contribution of aquaculture and provides for it to be recognised in regional policy statements and plans in appropriate places). The majority cons...

5. The Māori Trustee v Smith - Waipaoa 5A2 (2016) 62 Tairawhiti MB 122 (62 TRW 122) [pdf, 471 KB]

   .... . . . . . . . . . . . . . . . . . . . . . . . . . . . [99] Has it been shown that the Māori Trustee acted in bad faith or from an improper motive? . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [101] Has the Māori Trustee considered the wrong question or misinterpreted the trust deed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [111] 62 Tairawhiti MB 125 Has the M�...

6. Legal aid criminal case assignment report - 1 December 2013 to 30 November 2014 [pdf, 554 KB]

   ...Trudi Christchurch 45 12483 Allan, Phillip Christchurch 46 14291 Bailey, Andrew Christchurch 10 6133 Bailey, Serina Christchurch 51 16131 Barrell, Michelle Christchurch 47 16446 Black, John Christchurch 77 10808 Bodle, Richard Christchurch 73 15101 Bradford, Paul Christchurch 55 9627 Bradley, Eymard Christchurch 78 6099 Brandts-Giesen, John Christchurch 11 12703 Brown, Douglas Christchurch 70 6136 Buddicom, Ruth Christchurch 37 14095 Bulger, Liz Christchurch 40 6191 Bunce, David Ch...

7. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...as a whole, as they are relevant to the adequacy of consideration of alternatives. The wider objectives are set out in Section 1.3 of the Hamilton Southern Links Investigation ACRE Assessment report dated 24 September 2012 (Assessment Report).101 Having ascertained the Council’s objectives, we proceed to the other matters we are obliged to consider. Consideration of alternatives (s24(7)(b)) We are to enquire into the adequacy of the consideration given to alternative site...

8. Graphs for 2016-2026 prison forecast report [xlsx, 147 KB]

   ...Jan-19 2,289 3,133 7,025 7,373 9,314 10,507 Feb-19 2,485 3,252 7,047 7,458 9,532 10,710 Mar-19 2,517 3,319 7,066 7,502 9,583 10,820 Apr-19 2,357 3,237 7,026 7,512 9,384 10,749 May-19 2,402 3,202 7,083 7,570 9,485 10,772 Jun-19 2,492 3,323 7,101 7,636 9,594 10,960 Jul-19 2,503 3,255 7,208 7,804 9,711 11,058 Aug-19 2,469 3,253 7,256 7,796 9,726 11,049 Sep-19 2,466 3,320 7,319 7,858 9,785 11,178 Oct-19 2,339 3,171 7,287 7,813 9,625 10,984 Nov-19 2,222 3,21...

9. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

   ...being moved from Prosecutions? [100] The central issue arising from AJY’s removal from Prosecutions to the Gatehouse is whether they were sufficiently consulted, if at all, before the decision was made to shift them out of Prosecutions. [101] Mr Tukula accepts that he made the decision to move AJY on or about 1 November 2017, if not before.8 He says that was because he was concerned for their health and wellbeing if they stayed. He did not meet or discuss the situation with t...

10. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

    ...relating to allegations that Mr Powell breached his obligations relating to Hally’s confidential information. Such information is defined in the individual employment agreement between Mr Powell and Hally as follows: 10.0 Confidentiality 10.1 In this clause, and for the purposes of this Agreement, “confidential information” means any information relating to the Business or financial affairs of the Company which has come to the knowledge of the Business Development Man...