Search Results

1. [2024] NZEnvC 083 Blue Glass Limited v Dunedin City Council [pdf, 333 KB]

   ..._______________________________________________________________ SECOND DECISION OF THE ENVIRONMENT COURT _______________________________________________________________ A: The court finds that the further question posed for consideration is “no”. B: The parties have 15 working days to confer and file a joint memorandum of counsel outlining the future progress of the appeals. REASONS [1] The court has previously determined that the National Policy Statement for Highly Produ...

2. [2024] NZEnvC 094 Barraclough v Gisborne District Council [pdf, 245 KB]

   ...application for stay, raising Mr Barraclough’s history of non-compliance, his failure to implement appropriate erosion and sediment controls, and the environmental impacts of that non-compliance. [13] This decision is made on the basis of evidence filed in support of and opposing the application for stay. It has been necessary to make certain findings on the appropriateness of the requirements of the Abatement Notice, which is of course under appeal. To that extent, the findin...

3. Gardiner v Accident Compensation Corporation (Personal Injury) [2025] NZACC 022 (4 February 2025) [pdf, 200 KB]

   ...surgical treatment for which reason we are applying for surgery. [23] Aon sought an independent opinion on what had caused Mr Gardiner’s rotator cuff tear from Mr Vasuveda Pai, Orthopaedic Surgeon. On 28 May 2023, Mr Pai, having conducted a paper file review, concluded that the cause was degenerative, not traumatic: 2. Do you consider the current diagnosis has been caused by the accident? a. In my opinion, he has had ongoing symptoms in the right shoulder since 2018, and he h...

4. Hay v Dodds [pdf, 235 KB]

   ...page 3 of 52 1. BACKGROUND 1.1 The Claimants lodged a claim under the Weathertight Homes Resolution Services Act 2002 (“the WHRS Act”). The claim was deemed to be an eligible claim under the WHRS Act. The Claimants filed a Notice of Adjudication under s.26 of the WHRS Act on 2 May 20045 1.2 I was assigned the role of adjudicator to act for this claim, and a preliminary conference was arranged and held in the Weathertight Homes Resolution Service (�

5. ENV-2016-AKL-000277 Auckland Transport v KiwiRail Holdings Limited [pdf, 11 MB]

   ...Notice of AppeaL AT _ KiwiRaii Holdings - 28631964 v 1.DOC Page4 (e) KiwiRail's decision; and (f) a list of names and addresses of persons who have been served with a copy of this notice of appeal. Date: 29 November 2016 This document is filed by Gerald Christopher Lanning solicitor for the firm Simpson Grierson. The address for service of the Appellant is at the offices of Simpson G 88 Shortland Street, Auckland . Documents for service on the Appellant may be left at tha...

6. 29.-Evidence-of-Ms-Ainsley-McLeod-Conditions.pdf [pdf, 563 KB]

   ...the assessments set out in the consent applications and NoRs. Instead, I rely on the information and assessment included in the consent applications and NoRs, as supplemented by any updates to that information included in the suite of evidence filed by Waka Kotahi. 14. Appendix A to my evidence contains a set of updated draft designation and resource consent conditions (evidence version). Updates are made to the draft conditions as notified (dated 28 November 2022), with the evide...

7. Ferris v Proprietors of Nuhiti Q Inc.- Nuhuiti Inc. (2023) 122 Tairāwhiti MB 101 (122 TRW 101) [pdf, 578 KB]

   ...Ture) e kimi nei i tētahi ōta tāriakia aukatihia te whakaputaina āna e ngā Kaipopuri o te Koporeihana o Nuhiti Q (te Koporeihana) mai i te whare kei 60 Arero Road, Mangatuna, Gisborne. [1] Michael Ferris Snr (“Mr Ferris”) has filed two applications with the Court. The first is an application pursuant to s 19(1)(b) of Te Ture Whenua Māori Act 1993 (the Act) seeking an injunction preventing his eviction from the property at 60 Arero Road, Mangatuna, Gisborne by...

8. Morris v Accident Compensation Corporation (Suspension of entitlements) [2024] NZACC 144 (2 September 2024) [pdf, 452 KB]

   ...normal MR brain scan and the normal screen for impaired Theory of Mind. Personality change due to TBI is not plausibly an outcome of one mild TBI, and in the absence of structural changes on MR brain scanning. [62] On 7 September 2020, Mr Morris filed an affidavit of Mr Jack Morris, Mr Morris’ father, dated 27 August 2020. [63] On 24 September 2020, Dr Newburn provided further comment. He expressed the opinion that Dr Finucane’s report came down to two broad points, being tha...

9. West & Anor as Trustees of the Christine West Family Trust v Perry [pdf, 769 KB]

   ...page 5 of 168 1. BACKGROUND 1.1 The Claimants lodged a claim under the Weathertight Homes Resolution Services Act 2002 (“WHRS Act”) in May 2004. The claim was deemed to be an eligible claim under the WHRS Act. The Claimants then filed a Notice of Adjudication under s.26 of the WHRS Act, which was received in November 2004. 1.2 I was assigned the role of adjudicator to act for this claim. A preliminary conference was arranged to be held in Auckland on 14 December

10. [2007] NZEmpC WC 23A/07 NZ Tramways and Public Passenger Transport Authorities Employees IUOW v Cityline (NZ) Ltd t/a Cityline Hutt Valley & Anor [pdf, 12 KB]

    ...In all the circumstances, including recognition that the plaintiff is unlikely to recover a significant amount of its costs in the Authority, I order that the defendants are to contribute $3,000 to the costs of the plaintiff plus disbursements and filing fees amounting to $239.70. C M Shaw JUDGE Judgment signed at 3pm on 30 November 2007