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1. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...Freshwater Management 2020; (b) National Policy Statement on Electricity Transmission 2008; (c) National Environmental Standards for Freshwater 2020; (d) National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health 2011; (e) National Environment Standards for Air Quality 2004; (f) National Environment Standards for Electricity Transmissions Activities 2009; (g) Operative Waikato Regional Policy Statement; (h) Operative Waikato Regio...

2. [2022] NZACC 154 — Byles v ACC (16 August 2022) [pdf, 366 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. [64] Section 65 of the Act provides: (1) If the C...

3. [2022] NZEnvC 135 Timu v Queenstown Lakes District Council [pdf, 4.9 MB]

   ...Taonga must be sought prior to the modification, damage or destruction of any archaeological site, whether the site is unrecorded or has been previously recorded. An archaeological site is described in the Act as a place associated with pre-1900 human activity, which may provide evidence relating to the history of New Zealand. These provisions apply regardless of whether a resource consent or building consent has been granted by Council. Should archaeological material be discovered duri...

4. Appendix-4_Peter-Kinley_-s87F-Report_Flooding-and-Hydrology_28-April-2023.pdf [pdf, 1 MB]

   ...necessary to have identified/relied on the two categories described above. 40. I consider that flooding effects should be contained within the designation. Increases in flood depth can directly result in adverse effects including increased risk to human life, increased areas of flooding which decrease the utility of the land and provide greater levels of restriction on its development, increased risk to the well-being of animals and stock, and increased likelihood, frequency and e...

5. KC v Accident Compensation Corporation (Mental Injury and Social Rehabilitation) [2023] NZACC 011 [pdf, 276 KB]

   ...remedial massages improve her wellbeing by relieving the tension in her muscles and relieving other symptoms associated with her mental injuries. (c) In relation to the appellant’s request for a house with modifications, housing is a basic human right. It would be beneficial for her 9 Wacker v Accident Compensation Corporation [2011] NZACC 186. See also Venn v Accident Compensation Corporation [2015] NZACC 201, at paragraph [9]. 10 Section 128. 11 Siebers v Accident Compe...

6. Cross v Accident Compensation Corporation (Claim for personal injury, revocation of cover) [2024] NZACC 58 [pdf, 277 KB]

   ...is caused by an accident. 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. 4 Bartels, above note 1, at [33]. 17 [6...

7. [2024] NZEnvC 110 Evans v Marlborough District Council [pdf, 463 KB]

   ...organisms that are present in New Zealand by providing for— (a) the development of effective and efficient instruments and measures that prevent, reduce, or eliminate the adverse effects of harmful organisms on economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga; and [47] The applicant’s redrafted objecti...

8. [2024] NZEmpC 93 Television New Zealand Ltd v E Tū Incorporated [pdf, 327 KB]

   ...Fonterra, the statutory and common law context in which employment agreements are entered into and operate is relevant to the interpretative exercise.5 Employment agreements are not akin to arms-length business agreements; they involve people and human interactions (not the economic exchange of money for goods); they occur within the framework of multifaceted obligations, both statutory (such as mutual obligations of good faith) and common law (such as the obligation of fidelity an...

9. [2025] NZEmpC 98 The Chief Executive of Oranga Tamariki - Ministry for Children v Hill [pdf, 246 KB]

   ...Regulations. Its concerns were labelled as serious.22 [27] Ms Hill was offered and took up the opportunity to watch the CCTV footage of the incident.23 [28] On 25 March 2021 a disciplinary meeting was held. Mr Kepu and Tracy Spence, senior human relations advisor, attended the meeting on behalf of Oranga Tamariki. Ms Hill attended with her PSA representative. There is a voice recording of this discussion. The meeting was adjourned and reconvened on 30 March 2021.24 [29] The...

10. Herbst v Accident Compensation Corporation (Claim for personal injury) [2024] NZACC 192 (27 November 2024) [pdf, 255 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. [73] In Johnston,1 France J stated: [11] It is c...