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1. 2022-03-18 Willowridge & Remarkables Park - Synopsis of Opening Submissions [pdf, 269 KB]

   ...Act by enabling people to provide for their well-being while addressing the effects of their activities. Regional and District Councils: the importance of integrated management [30] In Application By Canterbury Regional Council [1995] NZRMA 110 the regional council had applied to the Planning Tribunal for declarations concerning the scope and effect of its proposed Regional Plan with regard to several district plans in light of the overlapping functions in s 30 and s 31 of the...

2. Appendix-12_Sarah-Newall_s87F_198D-Report_Site-Contamination_28-April-2023.pdf [pdf, 313 KB]

   ...Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Sarah Newall – Site Contamination 27 regional councils, so in my view REW4 should sit in both the district and regional council condition sets. I. SUBMISSIONS 110. Only 1 submission addresses contaminated land matters – Submission 49 from Karen and Stephen Prouse. 111. Section 12 of that submission under the heading ‘contaminated land’, requests that the property at 1015 Queen Street East i...

3. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [pdf, 315 KB]

   ...prior to that incapacity, the appellant had structured his activities so as to have no earnings. Therefore, he has no entitlement to weekly compensation for his current incapacity. 6 Nicholas v Accident Compensation Corporation [2008] NZACC 110 at [24] - [26]. 7 Simpson v Accident Compensation Corporation [2023] NZHC 1661 at [33]. 8 Pratley v Accident Compensation Corporation [2010] NZACC 42 at [42]. (Decision 42/2010, AI 107/09, Dunedin, 8 March 2010). 9 Above n 8 at [47]....

4. 26.-Evidence-of-Ms-Jo-Healy-Social-Impacts.PDF [PDF, 352 KB]

   Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resourc

5. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...the remedy of reinstatement, it is preferable to consider an interim order rather than leaving him in a situation where he must carry the risk of attempting to obtain income for his household when there is a problematic labour market. [110] His difficulty in obtaining specialist work is a challenge which is compounded by the fact that his wife is unable to engage in permanent full-time work for health- related reasons, and his family is unable to mitigate this loss of income....

6. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...[108] Ms YA had by that time, in any event, made it clear that she did not want to pursue a claim against the estate. [109] Having reached that decision, Mr CK should then have advised Ms YA that there was no reason for him to remain involved. [110] There were no legal grounds to pursue a claim against Mr RQ. [111] Taken overall, Mr CK’s advice to Ms YA was deficient in a number of ways throughout the period of his instructions. There is some validity in Ms YA’s reaction to...

7. [2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth [pdf, 350 KB]

   ...relation to its rationale for the selection of the two cruise positions, as opposed to any of the other marketing roles, or information in relation to how the various duties and responsibilities would then be allocated, given the remaining roles. [110] The restructure document invited feedback, questions, comments or alternatives. It is impossible to determine what could have happened to Ms Unsworth’s employment in the context of the restructure, had she not been presented wit...

8. Aitcheson v Accident Compensation Corporation (Social Rehabilitation, Attendant care, Laundry Services) [2023] NZACC 143 [pdf, 389 KB]

   ...The conclusion therefore reached by ACC was that: When broken down your injury related laundry requirements equate to approximately 1-1.5 loads of washing per day. ACC has agreed to fund 7 hours/week of home help to meet your laundry needs. [110] Ms Aitcheson, as Mr Martinac’s daughter, took on the herculean role of being the main carer for her badly injured and incapacitated father for over 19 years. This has been an extraordinary example of care and devotion by a loving daughte...

9. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...support available to each party may be more broadly relevant when assessing the reasonableness of the employer’s actions, depending on the particular circumstances. 6 See, for example, De Bruin v Canterbury District Health Board [2012] NZEmpC 110, [2012] ERNZ 431 at [52]; and former Chief Judge Colgan’s observations in Edwards v Board of Trustees of Bay of Islands College [2015] NZEmpC 6, [2015] ERNZ 437 at [10]. meeting. As became clear during the course of evidence, t...

10. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

    ...the evidence of Mr McLeod and is included in the draft suite of consent conditions. It is important, however, that the wording of such a condition is clear, concise, and unambiguous. This is a matter to be resolved by the Project planners. 110. Waka Kotahi have proposed a consent condition that sets the maximum water levels modelled using a conceptual design for the Project as the consented baseline for effects on flooding. 111. As stated in my Evidence, the computational hydrau...