Search Results

1. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...recourse to the courts for the determination of rights is not to be excluded except by clear words.6 There is no challenge in this case to the general exclusionary effect that s 120(1A) of the Act had at the relevant time, but the limitless variety of human activity and of ways of describing it requires some care to be taken in applying the statutory words to the facts of the case. As counsel for the appellants submits, a cautious approach should be taken to the determination of a j...

2. [2023] NZEnvC 081 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 1.9 MB]

   ...road, ford or bridge, or network utility operation (as defined in section 166 of the Act); temporary construction dewatering activities; or the maintenance or operation of the Ngaruroro Flood Protection and Drainage Scheme; or the protection of human or animal health; or (iii) minor activities necessary for the management of land administered by the Department of Conservation. 12.4 No resource consent may be granted or rule included in a regional plan that would allow activities...

3. [2022] NZACC 112-Dixon v Accident Compensation Corporation (14 June 2022) [pdf, 263 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. [30] Section 117(1) of the Act provides: The Cor...

4. [2022] NZACC 78 – Hookway v ACC (5 May 2022) [pdf, 216 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. [43] In Johnston,1 France J stated: [11] It is...

5. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

   ...enabled under clause 8 of the Bill may engage section 22 of the Bill of Rights Act, which affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy, and liberty.8 42. Where an enactment is inconsistent with section 22, there can be no role for justification under section 5 of the Bill of Rights Act. Rather, the term “arbitrarily” is intended to provide a me...

6. Amendments-to-Court-Rules-2024-and-Coroners-Regulations_FINAL.pdf [pdf, 392 KB]

   ...notification in the New Zealand Gazette. Compliance 35 The regulatory changes comply with each of the following: 35.1 the principles of the Treaty of Waitangi; 35.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; 35.3 the principles and guidelines set out in the Privacy Act 2020; 35.4 relevant international standards and obligations; and 35.5 the Legislation Guidelines (2021 edition), which are maintained by the Leg...

7. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

   ...committing a crime. Is it true anyone who commits fraud is guilty of treason? Anyone who conceals a crime preventing justice is a conspirator? Is it not true anyone who willingly carries out war crimes under orders are complicit in crimes against humanity, therefore guilty of treason? • What is the point in having a legal system if it does not uphold the Law and is used as a weapon against the people it claims to serve? If the legal system is merely a tool to hide and allow othe...

8. OIA-110625.pdf [pdf, 5.2 MB]

   ...child victims being questioned about consent in court, and clarify the law related to automatic name suppression for complainants in court proceedings. 1 Auckland Women’s Centre – Te Wāhi Wāhine o Tāmaki Makaurau, Eastern Women’s Refuge, the NZ Human Rights Centre, HELP Support for Sexual Abuse Survivors, Hestia Women’s Refuge, Inner City Women’s Group, Kia Haumaru - Personal Safety Education, Mt Albert Psychological Services Ltd, National Council of Women, Auckland, North Shor...

9. Bravenec v Accident Compensation Corporation (Cover Issues) [2023] NZACC 77 [pdf, 191 KB]

   ...Light also refers to the further comment of the panel at page 4 of its report: The CAP noted that none of the mechanisms described by Mr Bravenec is consistent with acute labral tearing. “Extreme” leg extension does not cause labral tearing. Humans extend our straightened leg each time we walk forward, turn around, kick balls or climb up inclines. [40] Mr Light submits that when the overall clinical picture is considered, it does not support the appellant’s position of sign...

10. Madoc v Accident Compensation Corporation (Revocation of Cover) [2023] NZACC 144 [pdf, 306 KB]

    ...of “physical injury” discussed in Teen is helpful and I propose to adopt it. Further, I accept that the natural meaning of “physical injury” involves hurt or harm that affects the body rather than the mind, or any incorporeal aspects of human existence. … [90] Applying such an approach to the interpretation of “physical injury”, I am satisfied that Mr Falwasser suffered physical injuries from the effects of his exposure to pepper spray during the incident. [24] Ms...