Search Results

1. [2019] NZEnvC 101 Stone v Hastings District Council [pdf, 1.2 MB]

   ...the environment of allowing the activity; (b) any relevant provisions of a plan; and (c) any other relevant matters. 8 Statutory instruments National and Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 [32] This document affects subdivisions being undertaken on sites which have or had contained hazardous activities or industries. We were advised that a search of the records for both the Hastings District Council and Hawke...

2. [2011] NZEmpC 140 Gwilt v Briggs Stratton NZ Ltd [pdf, 188 KB]

   ...that he had actually been employed in Australia in January 2008. That information was initially sketchy but, in the course of the hearing before me, became much more detailed. This came about largely through the evidence of Michael Jones, the Human Resources Manager for Sandvik Mining and Construction Australia Pty Ltd (Sandvik) and the documents he produced. [36] In October 2007, Mr Gwilt applied for the position of Warranty Claims and Invoicing Administrator with Sandvik at it...

3. 20240930-Sentencing-Reform-Proactive-Release-2nd-Tranche_FINAL.pdf [pdf, 8.7 MB]

   ...providing for the interests of victims and protecting the community from offenders,  The Act is generally fit for purpose, but amendments are needed from time to time to address emerging criminal justice issues. Q: Will the proposals breach human rights?  We have made sure that the changes in legislation retain sufficient judicial discretion to avoid manifestly unjust outcomes. Q: Who is responsible for monitoring the changes?  The Ministry of Justice administers th...

4. Recommendations Recap 2024 Q2 [pdf, 884 KB]

   ...prisoner information and record-keeping systems at the time did not allow for the accurate and timely dissemination of information about prisoner safety, despite the requirement in s 5(a) of the Corrections Act 2004 to ensure the “safe, secure, humane, and effective” administration of custodial sentences, and the requirement in Rule 1 of the United Nations’ Mandela Rules to ensure prisoner safety “at all times”. The Coroner also considered that there was not a comprehensive as...

5. Gangs-Legislation-Amendment-Bill-Escalating-Penalties_FINAL.pdf [pdf, 1.2 MB]

   ...Police attend other matters, such as in the execution of search warrants, Police apply the family harm guidelines as a matter of course. 33 Māori victims of crime may benefit from any reductions in gang offending that result from this proposal. Human Rights 34 The Attorney-General found the display ban, although finely balanced, to be an unjustified limit of the New Zealand Bill of Rights Act 1990 (NZBORA). Specifically, the Attorney-General concluded the display ban was a dispropor...

6. MCINNES John Roderick (CSU 2010 WHG 000188) [pdf, 194 KB]

   ...is for the rural sector and communities associated with farming to stand up and take the leadership or ownership of the health and safety issues including quad bikes without the threat of enforcement of the regulators and prosecution. [121] Human nature has shown that proactive leadership will always win the test of longevity in terms of success as opposed to coercion or compulsion. Self initiation has more long-term value in the end. Roll Over Protection Devices [122] The...

7. CP v EH LCRO 19 / 2011 (12 November 2013) [pdf, 201 KB]

   ...arrangement that [Mrs EH] signed. [99] Rule 3.1 of the Conduct and Client Care Rules provides: 48 A lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of section 21 of the Human Rights Act 1993. [100] In a similar vein, Rule 10 provides, “[a] lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings”. 49 [101] It is accepted that Mr CP was concerned about...

8. 2023-NZEnvC-244-The-Canyon-Vineyard-Limited-v-Central-Otago-District-Council.pdf [pdf, 2.8 MB]

   ...shall ensure that: (i) The supplier of any treatment equipment shall provide a certificate from a suitably qualified person confirming that the system operated in accordance with the operating and maintenance procedures, will supply water suitable for human consumption in compliance with Drinking Water Standards for New Zealand 2005 (revised 2008). (ii) A copy of the operating and maintenance instructions for any treatment equipment installed in terms of Condition 12(a) above and a copy of th...

9. [2018] NZEnvC 217 Dixon v Invercargill City Council [pdf, 702 KB]

   ...appropriateness of a wastewater disposal system through a resource consent application process. A poorly designed and failing on-site system has the potential to lead to the further and continued degradation of waterways within the area as well as human health effects. While a building consent would be needed it would only be able to consider the system on a case by case basis rather than as an integrated whole – across an area of land. The resource consent process would also give...

10. Director-General of Conservation [pdf, 467 KB]

    ...Regional Council on the Plan Change which are appealed by the Director-General of Conservation Appeal point Provision reference (decision version) Reason(s) for appeal Relief sought 1. Objective 1 This objective has a greater focus on the human aspects of health and wellbeing of the Waikato and Waipā rivers than the intrinsic aspects. There is lack of provision for, or recognition of, the need to restore and protect ecosystem health. Ecosystem health is a compulsory nation...