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1. ENVC Hearing 6Oct14 DM expert Paul Monin [pdf, 159 KB]

   ...and Heritage Impact Assessment, Matiatia Marina Project’, September 2010, Peter Rikys;  ‘Matiatia Marina, Waiheke Island Archaeological Survey and Assessment Effects’, March 2013, Don Prince. (TDE);  Technical Memo- Heritage Unit –Environmental Strategy & Policy, Auckland Council, 21 November 2013, Mica Plowman. CODE OF CONDUCT 7. I have read the Environment Court’s Code of Conduct for Expert Witnesses and to the extent that my evidence provides expert opinio...

2. SX v SD Ltd [2022] NZDT 208 (24 November 2022) [pdf, 94 KB]

   ...symptoms could have been caused by an illness. It says it rented the cabin to another customer on 14 August, who had had no issue with it. 10. SX provided evidence from several people confirming a chemical smell in the cabin. On 11 August, an environmental health officer from [Council] inspected the caravan. He reported: We were in the cabin for approximately 10 minutes, and during this time there was what we believed to be an adhesive odour which is in our opinion consistent with...

3. ENVC Matiatia party corresp RPMay15 stormwater draft conditions [pdf, 35 KB]

   ...Leader within 30 working days of the completion of installation of the stormwater works set out in condition 7 of this consent. The SO&MP shall set out how the stormwater management system is to be operated and maintained to ensure adverse environmental effects are minimised. The plan shall include, but not be limited to: (a) A programme for regular maintenance and inspection of the stormwater management system; (b) A programme for the collection and disposal of debris and se...

4. People found unfit to stand trial or not guilty by insanity December 2019 [xlsx, 87 KB]

   ...offences 0 6 1 2 23 26 1 7 29 18 0% 2% <1% 1% 8% 5% <1% 1% 5% 4% 10: Illicit drug offences 2 3 1 6 11 2 6 8 9 6 1% 1% <1% 2% 4% <1% 1% 1% 2% 1% 11: Prohibited and regulated weapons and explosives offences 5 14 16 8 10 23 17 16 21 21 3% 4% 6% 3% 3% 5% 4% 2% 4% 4% 12: Property damage and environmental pollution 14 36 30 38 35 44 50 80 47 36 8% 11% 11% 13% 12% 9% 12% 12% 8% 7% 13: Public order offences 4 34 11 23 22 21 20 38 59 38 2% 10% 4% 8% 8% 4% 5% 6% 10% 8% 14: Traffic and ve...

5. [2022] NZEnvC 030 Anderson Branch Creek Limited v Queenstown Lakes District Council [pdf, 973 KB]

   ...the provisions in achieving the relevant objectives. For initial planning authority evaluations of notified proposals, s32(1)(c) specifies that an evaluation is to contain a level of detail that corresponds with the scale and significance of the environmental, economic, social and cultural effects that are anticipated from the implementation of the proposal. However, that is coloured by the specification (in s32AA(1)) that an evaluation is only required to “be undertaken at the...

6. Avifauna (dated 8 May 2017) [pdf, 215 KB]

   ...roads is questioned by DJO 15. The need for the modelling to be based on site specific data Page 3 of5 16. Whether the more common species of birds should be taken into consideration CONSENT CONDITIONS 17. Agree with the requirements for an environmental management plan (conditions 31 and 32) 18. It is understood that the following condition was included is Mr Farrell's evidence (condition 33). The consent holder shall monitor bird strike and report in the EMP. This shall b...

7. [2022] NZEnvC 181 Whangarei District Council v Gorbatchev [pdf, 212 KB]

   ...are a reasonable response. In particular, the making of an order under s 315 of the Act is appropriate given the previous compliance concerns and reinstatement of the activity. Quite simply the activity appears contrary to the plan and has environmental and health impacts as asserted in Ms Martin’s affidavit. The further orders are justified if [6] [7] [8] [9] [1 O] [11] [12] 6 these assertions are correct. Given the agreement I assume they are not in dispute...

8. ENVC Hearing 6Oct14 DM local Sue Fitchett [pdf, 94 KB]

   ...represented by Direction Matiatia Incorporated (DMI). I give this, my evidence, for DMI. 9. As far as possible I have endeavoured to read and understand the evidence of the Applicant and of Auckland Council as it relates to ecological and environmental issues and considerations at Matiatia. 2 10. My evidence will address my personal experience and observations relating to the the local Matiatia blue penguin colony. It will describe the data I have collected by way of m...

9. ZZ v L Ltd [2023] NZDT 323 (11 August 2023) [pdf, 233 KB]

   ...accepts that L Ltd comes within this definition. Has ZZ established that the concrete supplied by L Ltd was not of acceptable quality? 8. I find that he has not. 9. CH claims that the problems ZZ has identified with the driveway is because of environmental factors or the site itself, including leaching from gardens and grassed areas adjacent to the driveway. CH said that he has contacted other customers who received concrete from the same batch on the same day as the concrete...

10. ORC - EIC - Felicity Boyd - 15 October 2021 [pdf, 1.7 MB]

    ...related to farming activities and a definition of “critical source area”. As with Part A, the amendments agreed through mediation were relatively minor and focused on aligning the provisions with higher order documents, particularly the National Environmental Standard for Freshwater 2020 (NESF) and the Resource Management (Stock Exclusion) Regulations 2020 (the Stock Exclusion Regulations) which came into force after PC8 was notified. 12 My evidence outlines the submissions on...