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Thread: Poison in the high court starts 26/7/17

  1. #76
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    Write to Sth Reg Council via snail mail. Be sure to address your questions under the Official meetings and Information Act. Be sure to address it specifically to "The CEO AND Councillors Southland Regional Council".
    Number you questiions in a sequence of specifics, and they will then answer specificslly each question. If you just write a rambling diatribe of complaints and concerns, you will get back nothing more than a rambling diatribe of cop-outs. This advice on format applies to all and any communications you have with civil servants anywhere. Always in writing or email. Always keep a copy. Be very specific. Always address to "General Manager" rather than a Minister. (ministers can and will easily fob you off) if your having a question for DoC or OSPRI); or CEO and Councillors, if enquiring via a council.

  2. #77
    Member Tahr's Avatar
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    Quote Originally Posted by Wirehunt View Post
    High court Wellington court room six, starts tomorrow 26/7/17 if you want some serious entertainment. Kick off is normally at 10:00.

    I know a bit of background on this case, lets just say some people in govt and their mates are going to be shitting themselves. There is the serious potential of this case stopping all Ariel poison for some time, in fact I'll be shocked if it isn't stopped totally with this.

    NOTE: The morning session tomorrow is gonna fuck them, just how dirty they are will amaze a lot of people.


    Side note; all the shit around this and some other stuff has revealed to me just how fucking corrupt this country is, and that is first hand from me. police at the top of the list with doc, no I don't blame the cop on the beat, this is way higher than that.
    This post was 6 days ago @Wirehunt...

    How about a report from the "inside"?
    veitnamcam, ebf and john m like this.

  3. #78
    Member Boaraxa's Avatar
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    Seemly they are awaiting the judges decision should get an answer this week.
    Mate was saying they (govt) have tried to sidestep a few laws to get around the need for a nonconsent one of them is if you have poison in a creek or river you need consent so when they spray poison from a chopper that's exactly what happens so that one of the things they are trying to pull them up on plus a bunch of other things...which went over my head !

  4. #79
    Member Tahr's Avatar
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    I stole this out of the 1080 Eye Witness page, it. I can't vouch for its veracity and know nothing about it (dated 29 July):

    A most important and welcome development to share with you.

    During the High Court hearing, Sue Grey, our esteemed lawyer, learned and pointed out to the Crown and the Court that the 2006 Code of Practice for brodifacoum had expired in 2010. The Crown rushed through a new "operating plan" for brodifacoum that was signed off by MPI on Thursday afternoon, just after the case had finished. The new operating plan includes definitions and specifications which impose much clearer obligations on all future brodifacoum operations.

    For example, it includes a definition of "affected party" which includes “owners and occupiers of adjacent, nearby and/or downstream land” and “persons or organisations whose use or enjoyment of an area could be adversely affected”. In Sue’s view, everyone who made an affidavit complaining of any effect from the brodifacoum, plus everyone in a similar situation, and the Brook Valley Community Group Incorporated, are all now officially "affected parties”.

    Before any use of brodifacoum is allowed under the new operational plan, there must be consultation with all affected parties. A range of other approvals and specifications must be met. There are many steps that BWST must now follow before it can now lawfully use brodifacoum in the Brook, irrespective of the outcome of our High Court challenge.

    Sue thinks the Minister’s decision to approve brodifacoum was unlawful when the deemed operating plan/code of conduct that he relied on: (a) had expired in 2010 and, (b) was seriously defective and unenforceable, as implicitly accepted by the Crown in the much clearer wording of the new plan. She will prepare a supplementary submission to the court on these late developments by Monday morning, and will let us know when she hears back.

    Sue, and the Brook Valley Community Group, thank everyone for your input and support to get some accountability and protection for the public and the environment. It is important to take heed that this is not a decision reached by the High Court, which we still await. The new ‘code of practice’, so hurriedly introduced, does seem nevertheless to present an insuperable obstacle to the Sanctuary Trust proceeding with its intention immediately to drop poison in the headwaters of the Brook.

  5. #80
    Ex stick thrower madjon_'s Avatar
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    Thanks @Tahr.
    Sako Rifles,Browning shotguns,Black Labs.There is nothing else

    The dog always bites,The horse always kicks,The gun is always loaded.


    " Real guns start with the number 3 or bigger and make two holes, one in and one out." -

  6. #81
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  7. #82
    Member Tahr's Avatar
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    Quote Originally Posted by Wirehunt View Post
    High court Wellington court room six, starts tomorrow 26/7/17 if you want some serious entertainment. Kick off is normally at 10:00.

    I know a bit of background on this case, lets just say some people in govt and their mates are going to be shitting themselves. There is the serious potential of this case stopping all Ariel poison for some time, in fact I'll be shocked if it isn't stopped totally with this.

    NOTE: The morning session tomorrow is gonna fuck them, just how dirty they are will amaze a lot of people.


    Side note; all the shit around this and some other stuff has revealed to me just how fucking corrupt this country is, and that is first hand from me. police at the top of the list with doc, no I don't blame the cop on the beat, this is way higher than that.
    Today:

    The High Court ruling today was successful on all counts for the Trust and the Ministry for the Environment. That means our pest removal operation involving an aerial application of brodifacoum-laced pellets can move forward this winter!

    The High Court’s decision confirms the legality of national pest control regulations introduced earlier this year. The Trust’s pest removal operations will be conducted under the national regulations.

    From day one our vision has inspired many around Nelson and New Zealand to see the Sanctuary come to life. In this, our most recent challenge, we want to thank our thousands of supporters who really stepped up to fund this legal action!

    The Trust will now plan to carry out our pest removal operation over the coming months, once final regulatory compliance is confirmed and the needed dry weather forecast is achieved.

    We’re looking forward to the next phases of the project, when we can start breeding birds and populating the fenced Sanctuary.


    AND

    News from NZ Government
    A decision by the High Court today confirming the legality of national pest control regulations is a significant win for the survival of New Zealand’s native birds, Environment Minister Dr Nick Smith says.

    “The science is clear that the only way birds like kiwi, kokako, kea and kaka will survive is to effectively control pests like stoats, rats and possums that have decimated their populations. We need to appreciate that 25 million native birds are killed each year by these predators, and get serious about controlling them,” Dr Smith says.

    The High Court decision was in response to a legal challenge by the Brook Valley Community Group in Nelson to the pest control operation planned this winter by the Brook Waimarama Sanctuary, and to the legality of the national regulations introduced by Dr Smith as Environment Minister earlier this year.

    “This is a huge win for the Brook Waimarama Sanctuary Trust. They have toiled for 15 years, raising more than $5 million and spending thousands of hours volunteering to realise their vision of providing a safe haven for our native birds. It is a tribute to their determination and detailed work that the High Court has concluded their plan is consistent with the demanding requirements of the Resource Management Act for the protection of the environment and public health.

    “This High Court decision is a significant win for conservation nationally. I acknowledge the support in the proceedings of the Royal Forest and Bird Protection Society and the advocacy for the national regulations by the Parliamentary Commissioner for the Environment. It confirms that New Zealanders can have a high degree of confidence in the safeguards on the use of poisons like 1080 and brodifacoum, and the evidence on which their use is based.

    “My hope is that the Brook Valley Community Group, having had a fair hearing in the High Court and having put the Sanctuary Trust, taxpayers and the ratepayers of Nelson to considerable expense, will accept the decision and enable the pest control operation to proceed as planned.

    “This issue fundamentally comes down to a choice between whether we want stoats, rats and possums or kiwi, kaka and tui in Nelson’s backyard. We need to back the Sanctuary Trust and its vision for this nationally significant haven for New Zealand’s iconic birds.”
    Last edited by Tahr; 04-08-2017 at 09:02 PM.
    gimp, Savage1, kiwijames and 2 others like this.

  8. #83
    Almost literate. veitnamcam's Avatar
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    I am not totally anti poison but I really hoped there may have been some tighter controls around when and where this stuff can be used.
    Regional councils can and will now spread the shit willynilly even more than before now that the precedent has been set.
    outdoorlad likes this.
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  9. #84
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    Hmmm wonder how much the judge got paid off or what the threat was to him and family....opps did I say that out loud...? Oh dear..


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    blake likes this.

  10. #85
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    Last I heard the Brook Valley Community Group where to appeal

  11. #86
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    Here is what concerns me and it underlies the entire poison use debate. This is part of the judgement from the Brookes reserve case last week. The case was a community challenging the aerial application of brodifacoum (TALON rat poison in to a fenced reserve with a stream running through it. The Court supported the poison drop.)Quote:--

    [101]. The requirement of natural justice involves a duty on the decision maker to act in good faith and fairly listen to both sides including that the parties be given adequate notice and opportunity to be heard (148). Where rights to be heard under natural justice exist, they must be protected by the court. However, there are no such rights to be heard on the decision made by the Minister. I find for the following reasons:
    a) The decision to make the Regulations was a policy one, not a decision involving rights and interests. Such decisions do not trigger the principles of natural justice, even where those decisions may have negative impacts on the interests of individuals. (149). This is consistent with the executive's ability to regulate the types of activities which require resource consent, and which require public notifications (as set out in the RMA)-- end of quote:

    Government Policy now dictates in such a way as you have lost your rights to natural justice, and in particular whether you may seek to prevent the deposition of poisons and rotting carcasses into your streams ,lakes and water supplies.
    Welcome to New Zealand, The Dictatorship

    In my view, any person supporting the use of these poisons is supporting a Dictatorship Government in our country, and not supporting the right to natural justice.
    sometimes and blake like this.

  12. #87
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    Sounds like Bains compensation, keep searching till you find someone that give you the answer you want. All at the tax payers expense, whatever your opinion, it would have been cheaper to have compensated than have paid for three opinions. My gripe is when they're using your money they know no bounds!! They won't lose or give in!!
    stingray likes this.
    Boom, cough,cough,cough

  13. #88
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  14. #89
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    Last edited by Tahr; 23-08-2017 at 10:03 PM.

  15. #90
    ebf
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    Pretty low resorting to vandalism and malicious damage when it doesn't go your way in court..., kinda shows you the character of the folks involved.

    I guess waiting for the antis to condem this type of behaviour is going to be like waiting for uncle Donald to take a clear moral stance
    res likes this.
    Viva la Howa ! R.I.P. Toby

 

 

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