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1. [2022] NZACC 58 – Large v ACC (7 April 2022) [pdf, 261 KB]

   ...Appeal was lodged. [29] The Corporation’s clinical advisory panel (“the CAP”) reviewed the claim and provided a report dated 5 August 2021. The CAP was comprised of four orthopaedic surgeons, a sports medicine specialist, an occupational and environmental medicine specialist, and a general surgeon. The CAP agreed with the previous opinions that the L4/5 disc bulge was a material contribution to Mr Large’s symptoms. The CAP noted that the mechanism of injury described by M...

2. [2022] NZACC 56 – Ajayi v ACC (5 April 2022) [pdf, 214 KB]

   ...evidence, the Court does not consider that Mr Brownlee’s mistaken reference to the nature of Mr Ajayi’s injury in 2014 has any bearing on Mr Brownlee’s advice. [57] Fourth, on 22 April 2020, Dr Austen, Urgent Care Adviser, Occupational and Environmental Medicine, advised that the covered accident in 2016 did not cause Mr Ajayi’s peroneal tendon subluxation pathology. This advice was in view of the MRI report in 2017 noting his tendons to be normal and the absence of any r...

3. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

   ...the Harvry decision referred to by the Residents records that this can be a factor but should not be determinative).41 [16] The Council noted that this has been a difficult case, and the Court agreed that it was complex - legally, technically, environmentally, socially and practically.42 The Council does not consider it has misinterpreted clearly settled law or pursued 35 Residents' costs memorandum at [24]. 36 Residents' costs memorandum at [25]. 37 Council's costs...

4. 2021-04-20 McArthur Ridge - ORC PC7 - Opening Submissions [pdf, 251 KB]

   ...consideration under the Plan Change framework ; (c) The Plan Change does not recognise or provide for different types of water users and their efficiency of water use; (d) The methodologies in PC7 will result in a reduction in actual allocations, with no environmental basis for this approach; (e) The Plan Change takes a blanket approach to all of the expiring water permits, rather than applying a catchment specific approach; (f) The work done to date by water user groups to collec...

5. Tutt v Accident Compensation Corporation (Deemed Cover) [2023] NZACC 72 [pdf, 274 KB]

   ...acute disc herniation. [24] ACC’s Clinical Advisory Panel considered the appellant’s case in a report dated 20 July 2022. The Clinical Advisory Panel consisted of six orthopaedic surgeons, a sports medicine specialist and an occupation and environmental medicine specialist. [25] The CAP concluded that the appellant’s covered accidents, including those of 10 February 2020 and 31 August 2020 did not provide a causal link with the appellant’s lumbar disc deterioration and th...

6. Waitangi Tribunal - issue 57 of Te Manutukutuku [pdf, 571 KB]

   ...have been heard during the 27 weeks of hearing in the Hauraki inquiry district. Hearing of evidence was completed in November 2002 and the report is in the early stages of being drafted. cont inued over P o u t ü - t e - r a n g i 2 0 0 3 6 Environmental damage, access to fisheries, lack of consultation, and extensive land alienation were some of the issues presented in evi- dence by Te Atiawa during the hear- ings at Waikawa. On the site visit around Queen Charlotte Sound, ma...

7. ENVC Hearing 6Oct14 WML rebuttal Pita Rikys [pdf, 99 KB]

   ...Paoa'. Subsidiary paragraphs ( a ) and ( b ), which are not set out fully in the evidence, while referencing cultural advancement and maintenance and establishment of places of cultural and spiritual significance, make no reference whatsoever to environmental / RMA representation or performance of Mana Whenua roles, such as kaitiakitanga across those areas. Similarly an information document on the NPIT on the Ngati Paoa website (www.ngatipaoa.co.nz) does not reference such roles fo...

8. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...the balance of Mr Gardner-Hopkins submissions, s 9(5) of the Resource Management Act 1991 provides: This section applies to overflying aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority. [1 OJ While the term 'overflying aircraft' is not defined in the Act, Mr Gardner-Hopkins submits, and all parties would agree, the section addresses aircraft in flight when ar...

9. E36 Rebecca Skidmore - Urban Design - EIC - Council [pdf, 841 KB]

   ...Peter Kensington), and was a signatory to a Joint Witness Statement (JWS) of urban design experts dated 7th August 20182. 3.4 In preparing my Report and this evidence I have reviewed the following documents and reports: (a) The Assessment of Environmental Effects by UNIO dated 13 April 20183; (b) The proposed consent conditions4; (c) The Architectural Design Statement by Moller Architects dated 12 April 20185; (d) The Urban Design report by McIndoeUrban dated 12 April 20186; (...

10. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

    ...Queenstown on 1 and 2 August 2018 Final submissions received 12 September 2018 Appearances: J Cossens for himself R J Wilson, Z T Burton and N Fraser (on 12 September 2018) for the Queenstown Lakes District Council J Haworth for the Upper Clutha Environmental Society Incorporated (section 274 party) Date of Decision: 16 October 2018 Date of Issue: 16 October 2018 INTERIM DECISION A: Under section 290 of the Resource Management Act 1991 the Environment Court: (1) declines to gr...