Search Results

1. [2021] NZEnvC 194 Hawke's Bay Regional Council v Lowe [pdf, 6.9 MB]

   ...contained in Order 1. in accordance with the Hawkes Bay Waterway Guidelines Erosion and Sediment Control (April 2009). B: There is no order for costs. REASONS Introduction [1] On 1 October 2021 the Hawke's Bay Regional Council (the Council) filed an application for enforcement orders against Douglas and Denise Lowe (the respondents) in relation to property at 597 Waimarama Road, Havelock North (the property). The respondents are the directors of the company (Craggy Range...

2. [2021] NZACC 117 – Bell v ACC (3 August 2021) [pdf, 288 KB]

   ...x-rays “looked good”. The appellant was to return to work. [26] A review hearing took place on 28 January 2020 and on 25 February the Reviewer dismissed the review application. [27] On 26 February 2020 the appellant’s representative filed a Notice of Appeal. [28] Mr Pai provided a further opinion on the papers on 24 July 2020. Mr Pai noted that one of the important causes for non union was non compliance of the patient and early weightbearing but he could not confirm t...

3. [2021] NZEnvC 092 Kombi Properties Limited v Auckland Council [pdf, 318 KB]

   ..._______________________________________________________________ DECISION AS TO COSTS _______________________________________________________________ A: Under s285 RMA,1 Kombi Properties Limited are ordered to pay costs of $54,792.00 to Auckland Council. B: Under s286 RMA, this order may be filed in the District Court at Auckland for enforcement purposes (if necessary). 1 Resource Management Act 1991. 2 REASONS Introduction [1] These proceedings concern an appe...

4. [2021] NZSSAA 1 (14 January 2021) [pdf, 146 KB]

   ...three issues in addition to the overpayment. She questioned whether during the relevant period her Income Related Rent was increased, her student loan repayment was increased, and if she was taxed at the secondary tax rate. [14] The Ministry filed submissions addressing these points and at the hearing the appellant accepted that her payslips correctly recorded her income from employment during the relevant period. She said she did not dispute the Ministry’s calculation of th...

5. [2022] NZEnvC 130 Marlborough District Council v Gifford [pdf, 406 KB]

   ...that the Orders can be further amended to reflect the need for extended completion dates for Orders B1d, B1e, B5e, B5f and the need to suspend Orders B3, B10, B12 and B13. Following a Judicial Telephone Conference held on 1 July 2022, the parties file amended Orders that incorporate the following amendments for the Court’s approval: (a) A new completion date for Order B1d of 29 July 2022 to implement the planting plan in full. (b) A new completion date for Order B1e of 29 July...

6. [2022] NZEnvC 122 Tauranga Environmental Protection Society v Tauranga District Council [pdf, 369 KB]

   ...consider that the issues raised at the hearing were important and deserving of consideration on appeal before us. For that reason we do not encourage any application for costs. If any party wishes to apply for costs, then that application must be filed and served within 15 working days of the date of issue of this decision. Any response by the person against whom costs are sought may be filed and served within 10 working days of the date of receipt of the application for costs. No app...

7. [2022] NZEnvC 127 Climate Justice Taranaki Incorporated v Taranaki Regional Council [pdf, 383 KB]

   ...Taranaki.1 The questions for determination were then framed by the parties as:2 When resolving the appeals of CJT […] against TRC’s decisions on Rules 26 to 30 of the PCP: (a) Are the following matters within the scope of the appeal filed on 18 November 2019: […] (ii) any challenge to the objectives, policies or methods related to Rules 26 to 30 of the PCP; 1 Minute of the Environment Court, 24 November 2021 at [5]. 2 CJT submissions, dated 28 January 2022...

8. [2021] NZACC 92 - Cowan v ACC [pdf, 173 KB]

   ...neurological deficit, Mr Gordon referred Mr Cowan for facet injections at L5/S11 and sought approval from the Corporation for these steroid injections. [9] In March 2014, the Corporation’s Branch Medical Advisor, Dr Penelope Warring, reviewed the file and considered that Mr Cowan had a degenerative spinal condition and that it was plausible that the fall on 14 August 2013 had rendered this condition symptomatic. Dr Warring recommended that the request for steroid injections be...

9. Nigel-Hampton-and-Kathryn-Dalziel-Submissions.pdf [pdf, 230 KB]

   ...December 2021 (December Minute) and are grateful for the adjournment of the Scope Hearing until 22-24 February 2022. 2. These submissions should be seen as supplementary to and be read in conjunction with the submissions and supplementary submissions filed on behalf of the families on 9 September 2021 and 01 October 2021 respectively. 3. The submissions are made without the benefit of reading the submissions of other Interested Parties. If necessary, Counsel will address the Coroner...

10. [2022] NZEnvC 005 Northlake Investments Limited v Queenstown Lakes District Council [pdf, 231 KB]

    ...place, including their design suitability and capacity to receive upstream flows from NIL and other development, when built out. 15 Directions [57] Since delivering my oral decision, the parties undertook mediation and, on 21 January 2022, filed a reporting memorandum. I now direct the parties to file a further reporting memorandum (including any proposed timetabling directions) by Friday 4 February 2022. For the court ______________________________ J J M Hassan En...