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  1. 2022-02-11 Statement of Evidence of Edward Ellison dated 11 February 2022 [pdf, 692 KB]

    ...Ibid, at [33-34] 5 Ibid, at [39-50] and [58] 6 Ibid, at [51-55], [61-62] and [73-79] 7 Ibid, at [55-56] and [58] 8 Ibid, at [85-87] 9 Ibid, at [88] 4 clear direction for management of such wastewater.10 For Kāi Tahu the discharge of human waste to water is offensive and renders affected waterways inaccessible for customary practices such as taking and eating mahika kai or using water for special purposes or daily rituals.11 Policies 7.C.12 and 7.C.13 as agreed in medi...

  2. [2018] NZEnvC 243 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 16 MB]

    ...dwelling "will introduce signs of domestication to this site which will be visible from a range of public locations".27 [55] The ordinary meaning of 'domesticate' is to 'tame' (for example, taming an animal to live with humans) .28 According to that meaning, we find that the relevant landscape is already domesticated in several respects. Lake Ohau Road, Lake Ohau canal and hydro control structures, farming, boating, Ohau village and Ohau lodge, Ohau Snow...

  3. E93 Craig Fitzgerald - Noise and Vibration - RE – Applicant [pdf, 11 MB]

    ...SELcum(ow) 199 dB SELcum(ow) PTS 232 dB Lpeak 203 dB SELcum(ow) 219 dB SELcum(ow) Phocid Pinnipeds TTS 212 dB Lpeak 170 dB SELcum(pw) 181 dB SELcum(pw) PTS 218 dB Lpeak 185 dB SELcum(pw) 201 dB SELcum(pw) Safety guidelines for human divers published in a NATO Undersea Research Centre (NURC) publication7 recommends divers should avoid areas where noise levels exceed 160 dB re 1 Pa rms (125Hz – 4kHz). This is considered an acceptable threshold for experienced divers, or...

  4. [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health [pdf, 368 KB]

    ...subcontractors provide goods and services through its discretionary funding budget. I hope this provides the clarification you were seeking. [15] Mr Humphreys responded on 15 August 2012 advising that the reason he had signed the agreement was because the Human Rights Review Tribunal directed that there should be no change in the arrangement until all legal proceedings had taken place. As he pointed out, a favourable outcome had been achieved in one of the proceedings (Atkinson)...

  5. [2024] NZEnvC 149 Learning Houses Limited v Auckland Council [pdf, 466 KB]

    ...within one year of completion of PDCI line installation to the satisfaction of the Auckland Council. Fencing and signage 45. A suitable fence and signage must be installed and maintained that prevents stock access and discourages unauthorised human access to the land disposal area. Advice Note: The consent holder is advised that the fence may need to be relocated should use be made of the reserve area at some time to extend the primary wastewater land disposal area. Stormwater...

  6. Proactive-release-Better-Outcomes-for-Victims-Work-Programme_FINAL.pdf [pdf, 1.7 MB]

    ...inequities in current victims’ services and systems for Māori. As a first step, work is underway to identify the best ways of achieving this through the governance arrangements for the victims work programme and the supporting working groups. Human Rights 94 Providing better outcomes for victims will enhance human rights and is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. 95 The proposed legislative change to enable the Court to restrain a...

  7. Proactive release - New Compensation Guidelines for Wrongful Conviction and Imprisonment [pdf, 756 KB]

    ...compensation for wrongly convicted individuals. This process has worked in the past and I propose that it continues. Legislative Implications 72. There are no legislative implications. Impact Analysis 73. The impact analysis requirements do not apply. Human Rights 74. The proposals appear to be consistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Implications for Māori 75. I recognise that Māori experience d...

  8. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

    ...21 July 1994. [20] Mr Mobbs said in his oral evidence that it was initially agreed he was entitled to leave, and that KiwiRail then changed its mind. This was a reference to a conversation between Mr Mobbs and Ms Michelle Cheeseman, a Senior Human Resources Business Partner. It was her evidence that Mr Mobbs had said he was looking to retire soon. She had told him in effect that it would be desirable for him to give a good amount of notice, and she could also check if he had ret...

  9. [2021] NZEnvC 001 Minister of Conservation v Northland Regional Council [pdf, 3.8 MB]

    ...in Northland. [65] Overall, we conclude that the most significant risk to aquatic flora and fauna is low flow periods, particularly during the drought periods experienced on a relatively frequent basis. This is also the time of peak demand for human use of water including for household, stock and rootstock. [66] In relation to Water Harvesting the high variability in flow gives more confidence that, provided appropriate flow variability is maintained, the other objectives of the Pla...

  10. Winitana v Wairoa Waikaremoana Maori Trust Board - Lake Waikaremoana [2021] Chief Judge's MB 615 (2021 CJ 615) [pdf, 568 KB]

    ...and (f) Maori Affairs Act 1953 were inserted by Maori Purposes Act 1960; and the legislative history and plain reading of that clause shows that the word “person” in above quoted passage from the 10 March 2000 3 page judgment can only be a human being who has some blood content [refer Appendix “C”, pp394-408, attached documents filed in support of my application]; and [B] In the decision dated 10 March 2000 Judge Savage emphasized subsection (3) of section 13 Lake Wa...