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1. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...the right to reject goods under the CGA shall not apply if the right is not exercised within a reasonable time over a period after supply of the goods when it would be reasonable to expect any defect to become apparent. 21. Given the significant environmental impact of Cyclone Gabrielle on the [Town] region, which included landslides, heavy silt, issues with accessing properties and having to keep items safe during all this, I find it was not unreasonable for MK to assess the delivery...

2. [2022] NZACC 110 – Hunter v ACC (9 June 2022) [pdf, 199 KB]

   ...refer the question of whether Mr Hunter should have cover for an elbow injury to its Clinical Advisory Panel (CAP) for investigation. On 4 November 2021, the CAP (comprising four Orthopaedic Surgeons, a Physiotherapist, and an Occupational and Environmental Medicine Specialist) provided its report. Based on a review of the medical records on Mr Hunter’s file, the CAP determined that it was likely that Mr Hunter had jarred his left elbow and that this resulted in a haematoma and...

3. ENVC speech Arbitrators Mediators Institute 2013 [pdf, 189 KB]

   ...permit, a water permit, a discharge permit, or a combination of these. The Court is made up of Environment Judges and Environment Commissioners. Commissioners have knowledge and experience in areas such as local government, resource management, environmental science and the Treaty of Waitangi. An Environment Court sitting usually consists of one Environment Judge and generally two Environment Commissioners. Part of the fun of the job if you like, is the huge variety of work and the...

4. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...Compliance Officer employed by the Council; • Gary Hill McKenzie, Team Leader - Monitoring and Compliance employed by the Council; • Reginald Frank Proffit, Consents Manager employed by the Council; • Kathryn Ann Sykes, Team Leader - Environmental Protection employed by the Council; • Carole Ann Rodgers-Carroll, a laboratory technician employed by RJ Hill Laboratories Ltd (Hill Laboratories) who provided information relating to analysis of samples taken by the Council...

5. COES – EiC – P Murray (5 Feb 2021) [pdf, 530 KB]

   ...biking in its headwaters and tributaries and through my work in the high country. My submission is therefore focused on the Manuherikia Rohe. 8 I submit as an individual with the support of Central Otago Whitewater and in support of Central Otago Environmental Society (COES) of which I am a member. 9 I have made previous submissions to the ORC Regional Plan; Water, Plan Changes 7, 1 & 8 in August 2020. Submission of P H Murray to PC7, February 2021 page 2 10 A summary o...

6. Memorandum of counsel for Waka Kotahi NZ Transport Agency 30 April 2020 [pdf, 231 KB]

   ...Bent, who is an experienced lay litigant in Environment Court proceedings. (iv) Most of the submissions are very detailed, helpfully, indicating that they have been informed by expert advice. (e) During COVID-19 Alert Level 4, many lawyers and environmental consultancies were able to provide advice to their clients, albeit working from home, and during that period counsel and experts for the Transport Agency have been communicating without difficulty with counsel and experts for...

7. [2021] NZEnvC 195 Canyon Vineyard Limited v Central Otago District Council [pdf, 913 KB]

   ...However, the further scenario is where no costs are awarded at all. This would normally be the position in relation to plan appeals under Schedule 1 or in cases where some aspect of the public interest counts against an award of costs being made. Environmental Protection Authority v BW Offshore Singapore Pte Ltd12 [16] After Bendigo's application was lodged with the court, the court became aware of a High Court decision of Environmental Protection Attthoriry v BW Offi'hore...

8. Territorial Authorities - EiC - P R Greenwood -Planning (4 Feb 2021) [pdf, 1.6 MB]

   ...OF EVIDENCE OF PETER R GREENWOOD Introduction 1. My full name is Peter R Greenwood. I am the Water Services Manager at Central Otago District Council (CODC). I commenced work with CODC in 2004 as the Utility Services Manager. progressing to Environmental Engineering Manager and then Acting Water Services Manager. 2. I hold a NZ Certificate NZCAD I also hold a B Grade Water Treatment Certificate Opus Consultancy Training. 3. I have worked in infrastructure management roles since...

9. 2023-09-15-Evidence-of-Anna-Carter-for-Prouse-Trust.pdf [pdf, 2.6 MB]

   ................................................................................. 10 Section C – Site Description ................................................................................... 11 Section D - Planning Issues and Review of Potential Environmental Effects ........... 13 Overview ......................................................................................................................... 13 A. The Appropriate Mitigation of Visual and Landscape Ef...

10. 2023-10-11-MTA-Rebuttal-Evidence-of-D-Rump.pdf [pdf, 268 KB]

    ...CONTENTS INTRODUCTION…………………………………………………………………………..2 EXCLUSION OF MUAŪPOKO /MTA FROM PAST PROJECTS ............................. 3 EXCLUSION OF MUAŪPOKO/MTA INFORMATION FROM THE CULTURAL AND ENVIRONMENTAL DESIGN FRAMEWORK (CEDF) ............................................. 4 IMPORTANCE OF CULTURAL MITIGATION THROUGH MAHI TOI FOR SIGNIFICANT SITES AND SPECIES ........................................................................