Search Results

1. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   ...Introduction [75] 3.2 Effects on landscape quality and character [80] 3.3 Effects on visual amenities [83] 3.4 The density and design of development [90] 3.5 Protection of indigenous biodiversity on the site [91] 3.6 The cumulative effects [101] 3.7 The positive effects of the proposal [102] 3.8 Other matters [108] 4. Overall evaluation [109] 4.1 The district-wide objectives and policies for the rural [109] areas in the ODP 4.2 District-wide provisions of the ODP [121] 4...

2. [2020] NZEnvC 153 Cabra Rural Developments Ltd v Auckland Council [pdf, 3 MB]

   ...above 30ha No maximum Revegetation 5ha 5ha 1 site Every additional 5 Plus 1 site for ha each additional and locational 5ha restrictions for 5ha No maximum example: not located on Elite or Prime soil or in an ONL, HNC, or ONL overlay. [101] As can be seen by comparing the tables the key issues are: (a) The minimum size feature which generates the first site for SEAs; (b) The maximum for in-situ sites generated from SEAs; (c) The maximum for in-situ sites generated from wetla...

3. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...Dignity in the UDHR, ICCPR and ICESCR [73] Dignity in the context of the HDCA, Human Rights Act and Privacy Act [88] Dignity and the tort of misuse of private information [93] The assessment of loss of dignity – whether subjective or objective [101] The basis on which damages for loss of dignity are to be assessed [103] The positions taken by the parties [108] THE ASSESSMENT OF QUANTUM [111] The tort analogy [111] Application to Tribunal’s jurisdiction [114] The importance of the...

4. [2020] NZEnvC 155 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.9 MB]

   ...contaminants. We have no trouble with the second reading. However, given our uncertainty, the parties are to consider rephrasing while bearing in mind that the phrase appears in other conditions which may likewise require amendment. Condition 30 [101) Condition 30 specifies independent certification of the PMP and is agreed by the parties. The condition requires that a Certified Nutrient Management Advisor certify that the P mitigation measures in the PMP are effective in reducing t...

5. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

   ...reviewed the evidence given by Mr Dewar as to the significant consequences of dismissal, 10 Dewar v Xtreme Dining Ltd t/a Think Steel, above n 1, at [95] – [96]. 11 At [99]. 12 At [100] and [101]. including what he had described as an “emotional breakdown”. 13 It recorded Mr Robins’ evidence to the effect that Mr Dewar was very distressed when he was pushed by Mr Gard. Mr Robins had observed a major chan...

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

   ...which will require residents to be notified of such works. In my experience, done well as is proposed, this will meet the submitter’s requested relief around effective communication. Page 21 Helen Naylor, 45 Wi Tako Street, Manakau 101. The submitter requests lower daytime construction noise limits and building modification to mitigate construction noise effects. The submitter also identifies and accepts that there will be adverse effects from road-traffic noise....

7. Wellington Standards Committee v Hall [2014] NZLCDT 1 [pdf, 263 KB]

   ...implications before giving any consent.31 [100] If she was acting for more than one party to the transaction, and the interests of those parties were in conflict or likely to be in conflict, then the requirements of r 1.07 also applied to Ms Hall. [101] The requirements of r 1.04 are straightforward. Prior informed consent is to be obtained if acting for more than one party in the same transaction. Seeking informed consent does not allow r 1.07 to be ignored if a conflict is likely...

8. Cabinet paper - Summary of policies Cabinet minutes - Exposure draft Cannabis Legalisation and Control Bill [pdf, 6 MB]

   ...C O N F I D E N C E CAB-20-MIN-0171 9 agreed to a public release of the exposure draft Cannabis Legalisation and Control Bill and the Summary of policies on the referendum.govt.nz website (Attachments 1 and 2 referred to above); 10 noted that: 10.1 further advice on financial implications would be provided at the point a future government decides to introduce the Bill; 10.2 11 authorised the Minister of Justice and the Parliamentary Counsel Office to make minor technical and drafti...

9. [2017] NZEnvC 187 Hawkes Bay Fish Game Council v Hawkes Bay Regional Council [pdf, 11 MB]

   ...Submissions of counsel for the Royal Forest and Bird Protection Society of New Zealand Inc, dated 11 September 2017, at [17] . Submissions of counsel for the Royal Forest and Bird Protection Society of New Zealand Inc on scope, dated 5 October 2017, at [10]-[1 2]. 22 What did HBFG's submission seek for 'wetland' and was it 'on' the notified peS? [55] There is an initial matter in RFB's submission that it is appropriate we deal with at the outset. That...

10. [2023] NZEnvC 163 Ngati Kuku Hapu v Bay of Plenty Regional Council [pdf, 873 KB]

    ...decision by the Bay of Plenty Regional Council to grant an application for a controlled activity by Tauranga Bridge Marina Limited (TBM) for a coastal occupation permit for an existing marina and breakwater in the coastal marine area (CMA) adjacent to 101 Awanui Drive, SH2, Tauranga known as the Tauranga Bridge Marina. Ngāti Kuku Hapū appeal against two conditions of that consent relating to its duration and the scope of any review of it. The marina was established in 1995 when T...