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1. [2021] NZACC 2 - Judkins v ACC (5 January 2021) [pdf, 183 KB]

   ...2020 report of Dr Monigatti was based on his review of the documentation on file for Mr Judkins’ claims for back injury. [27] Dr Monigatti commented that disc degeneration appeared to be determined in great part by genetic influence, and that environmental factors were not primarily exercised though physical loading exposures. Dr Monigatti referred to twin studies and the majority medical view that lumbar spondylosis occurred regardless of what jobs people did and whether they wo...

2. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Application - Appendix B7 [pdf, 241 KB]

   ...I   have  my   doubts   as   to  whether   it   will   be   viable   from   that   point   of   view.   However,   you’ve   got   a   specialist   group   there   who   are   environmentally   activated,   rather   than   commercially   activated,  and  on  that  basis  they  could  dig  up  enough  finance  from   grants  and  other  sources  to  make...

3. McArthur Ridge – EiC – J Rasmussen (4 Feb 2021) [pdf, 11 MB]

   ...by viticulture industry standards. The risks of inadequate supply for spring frost-fighting are particularly concerning, especially as this coincides with high natural river flows i.e., there would be significant economic pain for little or no environmental gain. 49. In practical terms, a significant reduction in water supply would result in reduced yields, occasional catastrophic frost damage and potential abandonment of some proportion of the vineyard to provide adequate water...

4. [2021] NZEnvC 059 Coldicutt v Whitehall Fruitpackers Holdings Limited [pdf, 158 KB]

   ...is sought and without holding a hearing. These provisions allow for the possibility that the need for action to deal with the contravention of the Act may be so urgent that the usual requirements for notice and a hearing could result in greater environmental damage. [17] The issue is whether such risk outweighs the general desirability of adherence to the usual procedure of the Court and the principles of natural justice, including in particular hearing both sides to a case before m...

5. McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) [pdf, 246 KB]

   ...and more recently in relation to the Rangapu o Mana Whenua o Tauranga Moana forum. Mr Carlton Bidios spoke of an eight-year relationship with Whitiora McLeod as the chairperson of the Manaaki Te Awanui Trust, a charitable trust which delivers environmental research programmes in relation to Tauranga Harbour. Piatarihi Bennet spoke of a fifteen-year relationship with Mr McLeod, particularly during the time she worked for the Ngāi Te Rangi Iwi Trust. All the witnesses spoke to Mr...

6. Te Manutukutuku Issue 6 [pdf, 599 KB]

   ...took the 'non-adversarial' forum of the Waitangi Tri­ bunal to bury fmally ill-conceived plans to divert treated sewage down the Kaituna River and to encourage acceptance of a sensible alternative. A welter of reports, public objections, environmental lobbying and known Maori sensitivities had previously been unable to stop that scheme by more conventional means, or to curb the squabbling between local authorities and national politicians. Yet before the Tribunal, whose inter...

7. [2021] NZEnvC 088 Tran v City Rail Link Limited [pdf, 759 KB]

   ...by the Court arising from its substantive decision and reservation of costs following that decision. 26 Discussion [24] Ms Tran admitted in her evidence that the alteration to the notice of requirement avoided adverse effects to heritage and environmental values. 27 However, Ms Tran continued to oppose the residual aspects and to attack matters of process.28 The Court simply had no jurisdiction to grant some of the relief Ms Tran sought. 29 The Court was left to endeavour to get t...

8. [2021] NZEnvC 125 Dewhirst v Canterbury Regional Council [pdf, 2.4 MB]

   ...for resource consents and bylaw approval for the works required under paragraphs C(a) and C(e). An application for the full 5 range of required resource consents was lodged on 8 August 2020. [5] In September 2020, the freshwater National Environmental Standards and National Policy Statement took effect The parties have advised the court that, as a result, the processing of the resource consents’ application became more complex because ecological surveys were required. Whil...

9. [2023] NZEnvC 263 Feeley v Queenstown Lakes District Council [pdf, 1.7 MB]

   ...benefits associated with additional development Relatively visually discreet nature of the location (due to landform and vegetation patterns). Close proximity to Arrowtown. Urban infrastructure. Large-scaled lots suggest potential for subdivision. Environmental characteristics and visual amenity values to be maintained and enhanced Attractive urban parkland character. Landscape coherence. Reinforcing a robust and defensible edge to Arrowtown. Capability to absorb additional de...

10. [2024] NZEnvC 042 Nelson City Council v Senk [pdf, 191 KB]

    ...affirmed 27 October 2023 in support of this application; iii) List of names and addresses of persons to be served with a copy of this application. Supporting affidavits Affidavit of Naomi Olive Alderson [3] The affidavit of Naomi Olive Alderson, environmental officer, advises that a duty planner requested an investigation of a building in the back yard of 252 St Vincent Street that may have been in use as a residential address. [4] A Council sewer pipe runs under the section f...