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1. Fulton v Accident Compensation Corporation (Personal Injury) [2022] NZACC 233 (5 December 2022) [pdf, 201 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. 5 [18] Section 54 of the Act provides: The C...

2. [2022] NZACC 125 – Williams v ACC (28 June 2022) [pdf, 242 KB]

   ...described in the claim form is: Running in soft sand on dunes and pulled left foot. [44] In terms of the definitions in the Act the accident in this case was an event that involved the application of force, in this case gravity, external to the human body, that is to say the running in soft sand when he “pulled his left foot”. It is ACR 134/21 Mr Williams’ position that as a result he suffered a personal injury, namely a strain or sprain of his left foot. [45] The oppo...

3. [2022] NZEnvC 127 Climate Justice Taranaki Incorporated v Taranaki Regional Council [pdf, 383 KB]

   ...it must be determined as if s 70A has not been repealed, regardless of the fact that this repeal has been delayed.6 Climate change is defined under s 2 of the RMA as meaning: a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods. 5 Resource Management Amendment Act 2020 Commencement Order 2021. 6 Ref...

4. [2022] NZACC 21 - Delamere v ACC (22 February 2022) [pdf, 270 KB]

   ...Respondent’s Submissions [29] Ms Becroft refers to s 20 of the Act providing cover for claimants who have suffered personal injury by accident. She notes s 25 defines an accident as involving the application of force or resistance external to the human body. [30] She also refers to s 26, noting that personal injury does not include personal injury caused wholly or substantially by gradual process, disease or infection, or the aging process. [31] She notes that a number of h...

5. Electoral-Amendment-Bill-Supplementary-Order-Paper-Final.pdf [pdf, 1 MB]

   ...proposal as the threshold for significance is not met. Compliance 35 The Bill complies with: 35.1 the principles of Te Tiriti o Waitangi / the Treaty of Waitangi; 35.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 35.3 the disclosure statement requirements (a supplementary disclosure statement prepared by the Ministry of Justice is attached); 35.4 the principles and guidelines set out in the Privacy Act 2020; 35.5 relevant int...

6. [2021] NZACC v Jones (5 August 2021) [pdf, 192 KB]

   ...22 NZTC 19,832 (HC) Asher J. 10 Ngahuia Rihana Whanau Trust v Flight CA23/03 26 July 2004. (d) the destruction of the 1991 claim file satisfies the third category in Horowhenua County v Nash (No.2)11. Mr Jones relies on the decision of the Human Rights Review Tribunal (“HRRT”) in Vivash v Accident Compensation Corporation12 and contends that this decision undermines the Authority’s 2018 Substantive Decision. Discussion Miscarriage of Justice [38] It is unclear how...

7. [2021] NZACC 65 - Crowley v ACC (20 April 2021) [pdf, 166 KB]

   ...injury caused by an accident. [17] Section 25 of the 2001 Act defines "accident'. It means, inter alia, a specific event or series of events other than a gradual process, involving the application of force or resistance external to the human body. [18] “Personal injury” is defined at s26 of the 2001 Act and includes, for example, a strain or sprain. [19] Section 26(2) and (4) exclude from the definition of personal injury, personal injury caused wholly or substanti...

8. Tom De Pelsemaeker - Statement of Supplementary Evidence in relation to pORPS (14 July 2021) [pdf, 188 KB]

   ...managing climate change is set out in Chapter IM – Integrated Management. This framework is aimed at enhancing environmental and community resilience by identifying and recognising climate change impacts, providing for activities that reduce human impacts on the environment and reduce the risk and impacts of climate change, and facilitating planning responses that allow communities to adapt to and mitigate the effects of climate change (IM – P8 to P12). ISSUE 5: To what ext...

9. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

   ...very serious emotional impact on [her], personally and the stress has impacted [her] health”. [6] Although this Office lacks the statutory jurisdiction to make determinations in these regards, Ms NR’s views that the decision contravenes the Human Rights Act 1993 and her rights under the New Zealand Bill of Rights Act 1990, in particular for being expressly and/or impliedly racist, are noted for completeness. [7] Mrs YB’s reply to the application for review is dated 29 July 202...

10. Kapiti-Coast-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 446 KB]

    ...construction. These approvals may include resource consents determined relevant at the time of construction, such as consents for soil disturbance under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. The following consultation has been undertaken with parties that are likely to be affected: Consultation has been undertaken with iwi, landowners, the community and key stakeholders including as part of the assessment of alterna...