Search Results

1. Quinney v Accident Compensation Corporation (Causation) [2023] NZACC 102 [pdf, 278 KB]

   ...that it was unable to accept her claim for cover in respect of peroneal tendon on the lower right leg. [28] ACC’s clinical advisory panel, comprising five orthopaedic surgeons, a general surgeon, sports medicine specialist and occupational and environmental medical specialist, reported on 24 November 2022. [29] Amongst other things, it said: The clinical picture was most consistent with intermittent, progressive, painful flareups of Ms Quinney’s chronic plantar fasciitis, firs...

2. 2021-03-15 ORC PC7 Hearing Schedule [pdf, 231 KB]

   ...Representative Subject (if provided) Position Evidence / Representation Questioning / Cross-Examination Fish & Game Morgan Trotter Ecological Flow Evidence Summary (10min) Court (45min) ORC (30min) OWRUG (30min) Fish & Game Nigel Parageen Environmental Management Evidence Summary (10min) Court (45min) ORC (30min) Nga Rūnanga (30min) OWRUG (30min) Lunch (12.45pm) Fish & Game Ian Cole Recreational Angling Evidence Summary (10min) Court (45min) OWRUG (30min) Fish &...

3. [2023] NZEnvC 155 Genesis Energy Limited v Waikato District Council [pdf, 413 KB]

   ...acoustic experts agreed that it was appropriate to have a reduced internal design sound level for bedrooms to account for the need for quieter noise conditions to facilitate sleep at night. This approach aligns with both NZS 6802:2008 Acoustics - Environmental Noise and international guidance on this matter; (b) applying a one-hour time basis for measuring internal design sound levels ensures the rule is clear to understand and simple to demonstrate 6 compliance with. It is al...

4. 2021-05-18 JWS - Deemed permits and associated rights of priorities [pdf, 292 KB]

   ...if priorities are not provided for by either regulatory or non-regulatory methods because the consequences of doing so are not sufficiently well understood in the absence of case specific comprehensive assessments. This creates a risk of worsening environmental outcomes or reducing existing users’ access to water in currently unknown and unpredictable ways. Q14. Does their recognition necessitate change to the objective and policies? 33. While the planners agree that the non-regulator...

5. 2021-04-12 Landpro - C Perkins - Updated Appendix A [pdf, 339 KB]

   ...proposed amendments are footnoted with a reference to either a submission in general or the particular part of a submission that gives the scope for the proposal. The coding used is that contained in the Summary of Decisions table prepared for the Environmental Protection Authority (EPA) and published on the EPA website. Where “consequential amendment” is noted, the amendment is a necessary consequence of a submission-based recommended amendment so that the overall integrity of...

6. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...decision is sought. The decision of the Māori Land Court [8] Judge Clark considered the rights of co-owners to possession of the land, and the principles concerning trespass by ouster. He assessed the views of the owners, the Motiti Island Environmental Management Plan (“the District Plan”), the involvement of the Department of Internal Affairs on behalf of the Minister, the history of the use of the land, and the location of the house. On the latter, Judge Clark drew “th...

7. 8. JWS 8 - Deemed Permits & associated Rights of Priorities 18 June 2021 [pdf, 352 KB]

   ...users or instream values (compared to those previously achieved under the rights of priorities associated with deemed permits). This may lead to adverse effects on economic growth and employment due to reduced access to water. - Providing for the environmental effects of the rights of priority to continue to exist post 30 September 2021 under Option 2 may be less effective (compared to options 1, 3 and 4) in meeting the outcomes of PC7 i.e. providing for a simple and cost-effective con...

8. ENVC Hearing 6Oct14 AC revised evidence chief Bremner tracked [pdf, 908 KB]

   ...Paragraphs 436 – 442. 12 Paragraphs 472 – 481. 13 Paragraphs 497 – 500. 14 Paragraphs 514 – 528. 15 Paragraphs 559 – 569. 16 Paragraphs 570 – 571. Page 16 31551163:629148 considerations as well as the nature and degree of environmental effects resulting from that activity, and the characteristics of the environment. 72. Further, a number of objectives and some of the policies that are relevant to the Proposal are written in a way that seeks an outcome...

9. Mangatawa Papamoa Incorporation - Mangatawa Papamoa Incorporation (2006) 84 Tauranga MB 172 (84 T 172) [pdf, 1 MB]

   ...the workshops includes the following: a) A papakilinga for shareholders including a multi-use hall; b) A retirement village; c) A school; d) Retail development; e) Industrial park; f) Infrastructure such as roads, parks, drainage that are environmentally sound. In order to advance any of these ideas the COM wished to ensure that it had the necessary legal capacity to pursue these developments. The objects in the order of incorporation Minute Book: 84 T 178 therefore presen...

10. [2016] NZEmpC 142 Leota v The CE of the Ministry of Social Development [pdf, 279 KB]

    ...Consultant. It was also supplied to Mr Leota. Dr Culpan found that there was no chronic illness or underlying untreated health problem, or poor or diminished immunity, which would explain Mr Leota’s claimed illnesses. Dr Culpan could not find any environmental causes of increased ill-health in the environment in which Mr Leota worked. His finding was: Having considered all these ma[t]ters I can see no easy way of improving his attendance at work and diminishing his sick leave...