Search Results

1. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...section 20(2)(e) to (h)).3 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.4 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 [46] In Ambros,6 Glazebrook J, for the Court of...

2. Ngati-Wehi-Wehi-CIA-19-October-2022-v2.pdf [pdf, 3.9 MB]

   ...serve as a foundation for action. A kaupapa is a set of shared beliefs, principles, and plans those individuals have agreed to use as a guide for their actions. The earth gave birth to all life after it emerged from the water. Trees, birds, and humans all grow and are nourished by the land. Māori are born from Papatuānuku's womb and to return there after death. The earth gives birth to people's emotional, intellectual, and spiritual lives daily, even thought is considere...

3. 16.-Evidence-of-Mr-Keith-Hamill-Water-Quality64013659.1.PDF [PDF, 1.1 MB]

   ...pollution to stormwater.4 It is difficult to estimate the expected volumes for the Project, however, for reference, an estimated load of 0.4 m3 ha-1 yr-1 of gross pollutants can be generated in suburban catchments, of which about 30% is anthropogenic (human- generated) litter (Auckland Council 2011). Litter volumes from the Project are likely to be lower than in a suburban setting but still present. Roadside litter management can be a significant component of highway operations...

4. Horizon-Regional-Council-Cover-letter-Form-7a-and-Form-9-20221101.pdf [pdf, 608 KB]

   ...consents are needed for the proposed activity to which this application relates and have not been applied for: • a resource consent Resource Management (National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES-CS); In addition, a number of other RMA statutory approvals will be required including: • the potential transfer of water permits rights under s.136 of the RMA in relation to existing water bores on proper...

5. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

   ...unlawful discrimination. She took issue with the lawfulness of the mandates and the proportionality of the measures taken by FENZ. She further stated that FENZ’s position was in breach of the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993 (HRA). She then sought confirmation that she was entitled to continue to attend FENZ sites and callouts. [40] At this stage, Ms Hall had been suspended for 91 days. There is no evidence before the Court of any r...

6. [2024] NZEnvC 188 Waitaki District Council [pdf, 279 KB]

   ...necessarily, be absorbed where impacts are appropriate and are significantly outweighed by the surroundings. An important part of high-country atmosphere is the sense of remoteness, silence, nighttime darkness, and the appearance of total lack of human impact. In such cases even the first development may well be [inappropriate], by devaluing the pristine state. Secondly, as the extent of change increases once a precedent is established, the overlying natural and aesthetic values...

7. Tane v Accident Compensation Corporation (Personal Injury) [2025] NZDC 36 (27 February 2025) [pdf, 228 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 67 provides that a claimant who has suffered a personal injury is entitled to entitlements if he or she has cover for the personal injury, and is eligible under this Act for the entitlement or entitlements in respect of th...

8. Tapu te Wao v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 137 (16 August 2024) [pdf, 246 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. [47] Section 32 provides: (1) Treatment injury means personal injury that is— (a) suffered by a person— (i) seeking treatment from 1 or more registered health professionals; or (ii) receiving treatment from, or at the dire...

9. Clay v Accident Compensation Corporation (Personal Injury) [2024] NZACC 91 [pdf, 283 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. [46] Section 26(1)(c) of the Act provides that “...

10. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

    ...likely to receive a more severe sentence as a result of previous offending. First and foremost, criminal justice policy should be evidence-based and cognisant of system challenges such as inequity, bias, rights and liberties, and the intricacies of human behaviour. As the Law Society noted in its submission to the Select Committee, the Bill is not evidence-based.10 We are of the view that the options presented here serve to exacerbate this deficiency and will increase the severity o...