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1. [2022] NZEnvC 176 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 317 KB]

   ...[44] The alternative relief sought by Vortac in its application is that the time for compliance be extended to allow an application for consent to be lodged or a certificate of compliance to be requested. The affidavit of Mr Watt, the Council’s environmental consents manager sworn on 13 May 2022, states that 9 Ruddlesden v Kapiti Borough Council (1986) 11 NZTPA 301. 14 no application or request has been received. [45] There was some discussion at the hearing about delay. Vo...

2. [2022] NZEnvC 189 Port Marlborough New Zealand Limited v Marlborough District Council [pdf, 1.2 MB]

   ...effects associated with the conventional ships operating prior to the introduction of the MV Aratere in 1999. The Environment Court has determined that the amount of energy appropriate for the National Transportation Retlte-Area is to be founded on the environmental effects associated with conventional ships operating prior to the introduction of the M.V. Aratere in 1999. The energy limits included in the MEP are therefore based on the need to ensure that damage or change at the shore is mi...

3. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

   ...reconsiders this case. [23] ACC requested the advice of its clinical advisory panel which consisted of ten medical professionals, 6 of whom were orthopaedic surgeons. Also represented was an urgent care specialist, a physiotherapist, an occupational and environmental medicine specialist and a general surgeon. [24] The panel reported on 2 April 2019. ACR 248/18 [25] The panel first noted that the event on 13 July 2016 was not consistent with severe internal derangement of the...

4. [2022 NZACC 76 – Sharma v ACC (4 May 2022) [pdf, 208 KB]

   ...February 2021, a Notice of Appeal was lodged. [23] The Corporation obtained new evidence from its Clinical Advisory Panel (“the CAP”), comprising of four Orthopaedic Surgeons, a Physiotherapist, a Sports Medicine Specialist, an Occupational and Environmental Medicine Specialist, and a General Surgeon. On 23 September 2021, the CAP found that a causal link between Ms Sharma’s covered 24 July 2019 accident and her right shoulder impingement, ongoing right shoulder symptoms, i...

5. 2021 07 23 Record of PHC PC8 Timetable Directions [pdf, 404 KB]

   ...definitions Agricultural waste PC8 Introduction Provision Provision Detail Parties who submitted Parties who did not attend mediation Advised Court Part C Good Farming Practices New Policy 7.D.9 Reduce adverse environmental effects of farming activities Balquhidder Farming Limited Beef + Lamb New Zealand Closeburn Station Dairy Holdings Limited DairyNZ Director General of Conservation Elizabeth Clarkson Emma Crutchley Federated F...

6. McDonell v Burgess - Te Rongoroa Papakainga Maori Reservation (2023) 471 Aotea MB 9 (471 AOT 9) [pdf, 266 KB]

   ...deceased or who have resigned. I think it is important for this reservation to have trustees in place and clearly this set of trustees have already put in considerable mahi to try and take forward the range of challenges that face the marae including environmental and infrastructure challenges. I would express a hope that notwithstanding the difficulties that this application and its process have caused, that the respective experience and skills of the new trustees and Michael’s...

7. 27.-Evidence-of-Mr-Doug-Fairgray-Economics-and-Town-Centre-Impacts.PDF [PDF, 246 KB]

   ...Limited, an independent research consultancy. I hold a PhD in Economic Geography from the University of Auckland. 3. I prepared Technical Assessment O: Economics and Town Centre (Technical Assessment O) as part of Volume IV of the Assessment of Environmental Effects (AEE), which accompanied the application for resource consents and notices of requirement for designations (NoRs) lodged with Manawatū-Whanganui Regional Council (Horizons), Greater Wellington Regional Council (GWR...

8. MacNaughtan v Accident Compensation Corporation (Application for Leave) [2024] NZACC 33 [pdf, 247 KB]

   ...link was possible, it was not established. [10] The Corporation also obtained advice from Dr Mark Davis, Psychiatrist, who advised that the causes of OCD are not fully understood but it is thought to be the result of a combination of genetic and environmental factors and that there are certain factors which place a person at greater risk of developing OCD, but it also develops spontaneously. Dr Davis confirmed agreement with Dr Tatley that there is some suggestion of an association...

9. [2024] NZEnvC 140 The Trustees of the Spruce Grove Trust v Queenstown Lakes District Council [pdf, 282 KB]

   ...Trustees of Spruce Grove Trust v Queenstown Lakes District Council [2023] NZEnvC 279. 2 Trustees of the Spruce Grove Trust v Queenstown Lakes District Council [2024] NZEnvC 99. 3 Tairua Marine Ltd v Waikato Regional Council [2006] NZRMA 485 (HC); Environmental Protection Authority v BW Offshore Singapore Pte Ltd [2021] NZHC 2577 at [19]. 4 Foodstuffs (Otago Southland) Properties Limited v Dunedin City Council (1996) 2 ELRNZ 138. 5 Environment Court of New Zealand Practice Note 2023, c...

10. [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...