Search Results

1. Appendix-12_Sarah-Newall_s87F_198D-Report_Site-Contamination_28-April-2023.pdf [pdf, 313 KB]

   ...contaminated land advisors to the Waikato Expressway (Hamilton section (HamEx)) project from 2016 to 2020. 8. I regularly advise on the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (the “NES-CS”), including obtaining and administering NES-CS consents over large sites and corridors. This has come from my work with TG and HamEx, and also with the New Zealand Defence Force (NZDF),...

2. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

   ...any details which might lead to the identification of the jurors not be published. This was expressed to be a final order. The terms of that final order are similarly set out at the conclusion of this decision. This order is complementary to the protection afforded by s 32B of the Juries Act 1981 and by Part 2 of the Juries (Jury Service and Protection of Particulars of List Information) Amendment Act 2012. Mr Harris – a brief history [10] As mentioned, Mr Harris was on 25 Novembe...

3. Guest v New Zealand Law Society [2009] NZLCDT 12 [pdf, 390 KB]

   ...relevant conduct. To do less may lead to a view (even if misguided) that the system operates without a full opportunity for the public examination of such wrongful conduct. This is not part of any process of punishment; rather, it is an aspect of protecting the public and fostering the public interest by maintaining full accountability of those in the profession and involved in the administration of justice. 17 Quite apart from this question of public interest, here, it is imp...

4. LCRO 55/2024 EFH and KFH v SP and NR (15 October 2024) [pdf, 239 KB]

   ...the time; and (b) acting on the filing of their client’s application to sustain the caveat on the basis of the information known to them at the time, constituted a breach of r 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [6] The reasons I gave for that direction are set out in paragraphs [65]–[93] of the first review decision. Again, I do not need to repeat those reasons in full here but set out below the pertinent concludin...

5. E19 Karl Cook and Vijay Lala - Planning - EIC - Applicant [pdf, 6.2 MB]

   ...maintaining the stability of the coastal edge, and are associated with the existing seawalls located on the eastern side of the reclamation. As the methodology for these works is evolving, consent is conservatively sought for these structures as hard protection structures subject to rule E36.4.1(A20). The works, in our view, will effectively maintain the stability of the coastal edge, with the scope of the works sought may result in extension (including upgrading that increases the...

6. Proactive-release-Review-of-the-Operation-and-Performance-of-the-Public-Defence-Service-2021.pdf [pdf, 1.5 MB]

   ...report are easily fixed; some will require long term evolution, investment and potentially, political consideration. It is crucially important that PDS, the Ministry of Justice, the Secretary, the Legal Services Commissioner, and the Crown generally carefully consider what exactly PDS is to do and to be. That is a policy question as much as a question of strategy and operations, but the answer to that question – the “Why” – will determine to a large extent what happens next.

7. Ministry of Justice Annual Report 2020-21 [pdf, 6.4 MB]

   ...interest) • judicial independence – an essential part of the rule of law and separation of powers; it means that judges can exercise their functions without fear or favour and people can have confidence that justice will be done in the courts • protection of human rights. Against this backdrop of constitutional arrangements, the Ministry’s role is to serve the government, and the public service, to make decisions in ways that are regarded as legitimate by communities across Aot...

8. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

   ...consequence, the Court’s discretion whether or not to grant consent to those parts of the application which are to be considered as RDAs under ss 104 and 104C of the RMA, which is to be exercised subject to the requirements of ss 6(e) and 7(a), requires careful consideration of the evidence relating to those requirements. [7] The applications by POTL are opposed by a number of entities representing tangata whenua on grounds which include effects on a number of cultural values and a...

9. Waitangi Tribunal - Part 5 Te Urewera [pdf, 2.1 MB]

   ...were reduced to a dire and lasting poverty . Despite these circumstances, and the limitations of the law – which recognised only individual title in the land beneath the waters of the lake, not tribal rights in a taonga waterway – they tried to protect their rights to the lake, and the lake itself . But their dispute with the Crown would prove a long and difficult one . Those who were able to achieve recognition as owners by the native Land Court had to endure contest by the Crown fo...

10. [2022] NZEnvC 035 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.7 MB]

    ...Mangawhai, thereby enabling communities to provide for their social and economic well-being; (c) the agreed changes include suitable provisions to ensure that development will be coordinated with the delivery of required infrastructure; and (d) the protection and enhancement of important natural features (including streams, bush and wetlands) and ecology within the site and surrounding environment (including with respect to Fairy Tern / Tara Iti) is provided for through the agre...