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1. [2023] NZEnvC 204 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3.5 MB]

   ...this shortly.7 [11] Forest & Bird/Fish & Game are concerned that this objective may be interpreted as maintaining the status quo. We disagree. The intent of the objective is to support increased ecosystem resilience and cultural values through its focus on the timing, frequency, extent and method of carrying out flood conveyancing activities; this is an improvement outcome. [12] Federated Farmers does not support the court’s drafting, proposing instead an amendment to...

2. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...for the Council. [9] At the conclusion of the hearing the Court identified a senes of eight issues which it required counsel to address in their closing submissions. Counsel have done so, in some cases agreeing and some cases not. We will not separately consider those issues but have used the information provided to inform our decision-making on the primary issue before the Court in this case - whether operation of the Airstrip is permitted by existing use rights as contended by t...

3. Smith v Wellington City Council [pdf, 146 KB]

   ...across the top of the window and these project either side of the windows by about 40-50mm. Mr White is critical of the failure to seal the ends of these flashings, and I noticed that the flashings had not been properly sealed where they passed through the slot in the Harditex sheets. Both of these failings could be allowing some water to get in behind the windows, although there is no direct evidence to show that there are leaks for these reasons. 5.8.3 There are no jamb or...

4. Nakarawa v AFFCO NZ Ltd [2014] NZHRRT 9 [pdf, 168 KB]

   ...number of applicants were entering and leaving the office, not only for filing application forms but also for interviews. When Mr Nakarawa’s turn came he entered the office and was met by Mr Kevin Casey, then a Production Manager. Mr Casey went through Mr Nakarawa’s application form. After one or two minutes Mr Casey asked Mr Nakarawa two questions. First, why he (Mr Nakarawa) should be employed. As to this Mr Nakarawa explained that he was mature, dependable and had been working...

5. [2022] NZEnvC 266 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3 MB]

   ...stormwater, particularly from reticulated systems.27 We accept his opinion that this change (and related changes to Rule 15) would recognise the reality of the operation of reticulated stormwater systems, with appropriate environmental protections (through the inclusion of Appendix E water quality standards).28 [21] Concerning Rule 9, Mr McCallum-Clark says the adjustment made improves the management of discharges of agrichemicals to water bodies, as it enables the discharge wher...

6. Alcohol and Other Drug Treatment Court quantitative outcomes evaluation 2018–19: Reduced reoffending, imprisonment, and benefit dependency [pdf, 1.1 MB]

   ...This quantitative outcomes evaluation compares reoffending and imprisonment, benefit dependency, and police non-criminal event call-out rates for those who have participated in the AODT Court with similar (matched) offenders who have solely been through the mainstream court process and received a prison sentence. Participant and matched control groups The participant group was selected from all offenders who entered the AODT Court between 8 November 2012 and 31 March 2017. After da...

7. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

   ...means by which the position of each party with regard to multiple issues can be listed in tabular form, allowing a response to be recorded for each party on a per allegation basis, together with reference to relevant documents or other documents. A separate column allows the Judge to then record a finding for each allegation when considering the matter later. [15] The plaintiffs say they were all young, single women who, on leaving the Gloriavale school at around 15 years...

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

   ...Crown– Maori contest over Lake Waikaremoana, which have resulted in prejudice to the claimants . our first finding of Treaty breach is that the Crown failed to provide for legal recognition of the people’s relationship with their taonga the lake, through a community title specific to a taonga waterway, that is, a form of title that recognised their tribal kaitiakitanga and tino rangatiratanga . The Land Court, in accordance with the native land legislation, instead individualised titl...

9. Court-imposed fines: survey of Judges [pdf, 509 KB]

   ...fines they are referred to in this report. The infringement notice (or instant fine) system in New Zealand provides for punishment without formal prosecution. Instead of a sentence being imposed by a Judge, a notice or ticket is issued on the spot or through the post by the prosecuting authority. Most people who come into contact with this system receive tickets for motor vehicle offences, such as parking or speeding offences, no car registration or warrant of fitness. There is no discretio...

10. Waitangi Tribunal Vol 1 Tauranga Moana [pdf, 13 MB]

    .... . . . . . . . . . 196 Map 4.1 : Public works takings discussed in this chapter   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Map 4.2 : The Welcome Bay road through the Ngāpeke block  . . . . . . . . . . . . . . . . . . facing page 238 Map 4.3 : Route taken by the east Coast main trunk railway  . . . . . . . . . . . . . . . . . . . . ....