Search Results

1. [2022] NZEnvC 229 Wilson v Waikato Regional Council [pdf, 1.2 MB]

   ...purposes, the court cannot impose a condition that is not agreed with OAL unless the condition is "directly connected" to:23 (a) an adverse effect of the activity on the environment; or (b) an applicable district or regional rule (or a national environmental standard). The interface between the RMA and the Biosecm·ity Act 1993 [22] The RMA and the Biosecurity Act 1993 ('BA') overlap to some extent in the regulation of marine pests and diseases. However, the short p...

2. [2021] NZACC 5 - Andrews v ACC (12 January 2021) [pdf, 214 KB]

   ...attribute his chronic disability as primarily related to his minor head injury five years ago. As Dr Moran correctly pointed out: “It is well documented in the literature that irrespective of the original cause of the headache that psychological and environmental factors begin to play a greater role in headache maintenance in particular in chronic long term cases.” [136] Dr Fink concludes: It must be acknowledged that the concussion/brain injury that occurred on 14 March 201...

3. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...is brief, we set out the District Council’s decision on the application for resource consent in full:53 The Consent Authority accepts that the conditions imposed on the subdivision and associated land use will adequately mitigate the adverse environmental effects. The Council has considered the existing modified nature of the site, and its location immediately adjoining the Okuru settlement. The existing environment of unimplemented subdivision and land use consents, along with c...

4. BORA Parihaka Reconciliation Bill [pdf, 4.3 MB]

   ...for families and communities. MSD will engage with Parihaka, at their request, to determine how they can best assist the community. Relationships with local authorities TPK Support from Regional Advisors to broker relationships with local authorities. Environmental management plan MfE Provide technical support to develop an environmental management plan for the Parihaka community which might speak to a number of projects identified in the Parihaka Whakamua Parihaka Pūmou: Future-pr...

5. Dooney v Accident Compensation Corporation (Personal Injury) [2022] NZACC 237 [pdf, 253 KB]

   ...does not appear to have been backed by objective, contemporaneous medical evidence. [66] Ninth, the report of the Corporation’s Clinical Advisory Panel (comprising six Orthopaedic Surgeons, a Sports Medicine Specialist, an Occupational and Environmental Medicine Specialist, and a General Surgeon), dated 9 June 2022, commented that: (a) -- The contemporary medical evidence did not support the impression of an acute L5/S1 disc prolapse, from a controlled movement which she “...

6. [2024] NZEnvC 287 Port Taranaki Limited v New Plymouth District Council [pdf, 1.1 MB]

   ...The amendments reflect the different uses and level of modification in different parts of the port. This clarification achieves the Port Zone objective of providing for the ‘operational and functional needs of the port, while ensuring the adverse environmental effects of activities undertaken at the Port are avoided, remedied or mitigated’. In addition, it achieves the objective for the coastal environment of ‘recognising and preserving the natural character, landscape, historic, c...

7. Appendix 7 - Worked examples - other examples [pdf, 2.1 MB]

   ...whether these were filled or not, and what exceedances are present and how these were dealt with. 14. The abstraction records for each scenario were provided by the ORC. Landpro has access to the ORC’s Hilltop Database where water meter and other environmental data is currently stored, and the records provided by the ORC were evaluated for consistency with the raw record viewed in Hilltop. 15. The data analysis results contained in Appendix B were processed using excel software. Fo...

8. [2023] NZEnvC 162 Allison v Clutha District Council [pdf, 2.7 MB]

   ...days of completion of the installation of the stormwater mitigation works set out in Condition 2(d) of this consent. 14. The SMOMP must set out how the stormwater management and treatment system is to be operated and maintained to ensure adverse environmental effects from stormwater are minimised. The plan must include, but not be limited to: (a) A programme for regular maintenance and inspection of the stormwater management system; 7 (b) A programme for the collection...

9. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...being driven by the plaintiff, Mr Thorne. [2] On the day of the accident, in keeping with KiwiRail's normal procedures, Mr Thorne was required to undergo a post-incident drug and alcohol test. The test, carried out by ESR (Institute of Environmental Science & Research Limited), proved positive for cannabis. It confirmed a level of 60 ng/ml which was above the 50 ng/ml cut-off level for concentrations of cannabis. After undergoing a disciplinary process, Mr Tho...

10. 2021-03-14 Tom De Pelsemaeker - Supplementary Appendix 2 [pdf, 307 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. Some of these footnote references have been corrected since the filing of Evidence in Chief. Where “consequential amendment” is noted, the amendment is a nec...