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1. LCRO 160/2017 EH v FP (23 April 2018) [pdf, 192 KB]

   ...conclusion, he states that “unfortunately, nobody involved with the project and/or use of the accessway, especially [Mr FP and the contractor had] acted responsibly”. He says they were not “concerned about the inherent potential for catastrophic environmental and property damage”. Standards Committee decision [23] The Committee delivered its decision on [date] and determined, pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (the Act), that no further action o...

2. 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...

3. [2019] NZEnvC 017 Cossens v Queenstown Lakes District Council [pdf, 4.5 MB]

   ...for the water supply. 6. The drinking water supply is to be monitored for compliance with the Drinking Water Standard for New Zealand 2005 (revised 2008), by the management group for the lots/lot owner, and the -results forwarded to the Principal: Environmental Health at Council. The Ministry of Health shall approve the laboratory carrying out the analysis. Should the water not meet the requirements of the Standard then the management group for the lots shall be responsible for the provi...

4. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

   ...again tried to contact the Appellant and a meeting was arranged for 14 February 2018. That meeting was attended by Mr Giles and Mr Osmand for the Appellant and by Ms A Curtis (the Council's compliance manager), Mr C Watts (the Council's environmental consents manager) and Mr Brown. The outcomes of the meeting were that the Appellant stated it would apply under s 127 of the Act to change or cancel condition 7 and that otherwise the parties disagreed about the validity of th...

5. 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...

6. Affirmation of Lonnie Dalzell 26 5 2020 [pdf, 294 KB]

   ...if a hearing would otherwise be Are there or are there likely to be any necessary. submitters? Consider whether there are alternative Is this a matter of national significance that decision making bodies that could better could be referred to the Environmental determine the aoolication Protection Authority Consider whether if in the normal course of Are the likely matters of appeal substantive, or events the decision will likely result in an will they be matters of a minor nature that wi...

7. [2023] NZEnvC 073 Napier City Council v McMillan [pdf, 396 KB]

   ...for that practice in these terms in Tasman District Council v Douglas:16 If a party puts a local authority to the cost and expense of having to obtain an enforcement order from the Environment Court in order to compel that person to meet their environmental obligations, it seems entirely appropriate that the person subject to the order should contribute to the local authority’s costs of obtaining the order. In terms of enforcement proceedings, where an application is considered...

8. [2022] NZEnvC 143 Western Bay of Plenty District Council [pdf, 357 KB]

   ...to the Amendment Act. 4 Re Thames-Coromandel District Council [2013] NZEnvC 292, [2015] NZRMA 315 at [10]. 5 With reference to: re Thames-Coromandel District Council [2013] NZEnvC 292, re Palmerston North City Council [2015] NZEnvC 27; Environmental Defence Society Inc v Mackenzie District Council [2016] NZEnvC 253; re Dunedin City Council [2015] NZEnvC 165. 10 Nature and effect of proposed changes 11. If a person within the existing Ōmokoroa and Te Puke resident...

9. [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...

10. Holland v Accident Compensation Corporation (Personal injury) [2025] NZACC 170 [pdf, 230 KB]

    ...ototoxicity to be the major couse [sic] of his hearing loss. 7 This is the email dated 7 December 2018 which was not produced to the Court. Dr McBride [24] Dr McBride is an occupational medicine specialist and Professor of Occupational and Environmental medicine at the University of Otago. He is not an otolaryngologist, but he explained he had training to Registrar level in the specialty and has pursued an interest in ONIHL. He has written a number of relevant ACC asse...