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1. [2021] NZEmpC 177 Allison v Ceres New Zealand LLC [pdf, 267 KB]

   ...[2] Ceres was incorporated in Minnesota, USA. It is registered under the Companies Act 1993. The company’s core business is providing contracting services, involving large scale construction, disaster recovery, demolition, deconstruction, environmental remediation and recycling projects. Ceres has had a presence in Christchurch since the earthquakes in 2011. [3] Mr Allison began working for Ceres as a welder/boilermaker on 2 February 2016, after a short spell providi...

2. [2022] NZACC 96 – McGregor v ACC (19 May 2022) [pdf, 395 KB]

   ...the legal test for vocational independence is whether the claimant is suited by reason of her experience, educational training to work at that work type (emphasis added). [97] Furthermore, neither Dr Gribble nor Dr Antoniadis identified any environmental modifications that would be needed so that the appellant could do her work safely. [98] As to income disparity, there is no requirement in the Act that a work type is only suitable if earnings in that work type are at least e...

3. [2022] NZEnvC 074 Malaghans Investments Limited v Queenstown Lakes District Council [pdf, 704 KB]

   ...Peak Water Transport Infrastructure overlay. RD Discretion is restricted to: a. Indigenous biodiversity values; b. Visual amenity values; c. Landscape; d. Open space and the interaction of the development with the water body; e. Environmental protection measures (including landscaping and stormwater management); f. Natural hazards; and g. Effects on cultural values of manawhenua. 46.5.6 Setback of Buildings 46.5.6.1: Buildings shall be set back a minimum of 10...

4. Appendix 1 to JWS 12 [pdf, 401 KB]

   ...authorised by deemed permits or water permits for takes and uses of freshwater expiring prior to 31 December 2025 to continue operating: (a) at their existing scale and consistent with historical use, and (b) where the risk of additional adverse environmental effects resulting from any proposed increase in the scale or duration of the take and use of freshwater is low. Version B 10A.1.2 Enable activities authorised by deemed permits or water permits for takes and uses of fre...

5. Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) [pdf, 333 KB]

   ...about a large pit that has been dug to dispose of household rubbish. Mr Phillips sought: (a) an order to stop the occupants at 19 Waitehuia Road from further unauthorised digging of new drains on A4 and A5, from using heavy machinery and causing environmental damage; (b) an order to prevent the occupants from digging holes to dispose of the household rubbish and potential toxic waste as landfill; and (c) that the Court caution the occupants of 19 Waitehuia Road regarding dispo...

6. Dooney v Accident Compensation Corporation (Personal Injury) [2022] NZACC 237 [pdf, 253 KB]

   ...does not appear to have been backed by objective, contemporaneous medical evidence. [66] Ninth, the report of the Corporation’s Clinical Advisory Panel (comprising six Orthopaedic Surgeons, a Sports Medicine Specialist, an Occupational and Environmental Medicine Specialist, and a General Surgeon), dated 9 June 2022, commented that: (a) -- The contemporary medical evidence did not support the impression of an acute L5/S1 disc prolapse, from a controlled movement which she “...

7. OIA-98262.pdf [pdf, 1.8 MB]

   ...practice that is truly grounded in Te Tiriti o Waitangi. Other constitutional issues include the possibility of a written constitution, whether New Zealand should become a republic, and legally affirming the importance of economic, social, cultural and environmental rights. 6. We can do more to build and maintain a strong and resilient constitutional system, but our ability to go further in constitutional matters is constrained by three factors: 6.1. 6.2. 6.3. const tutional change requir...

8. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...an independent medical assessment to “determine your incapacity and entitlements for the period 09/10/2007 – 10/02/2013 (date of vocational independence decision)”. [26] On 16 June 2017, following a medical case review by occupational and environmental medicine specialist David Hartshorn, ACC declined backdated weekly compensation on the grounds that it considered Mr Beker’s incapacity to be caused by a gradual process for which he did not have cover, rather than as a result...

9. [2023] NZEnvC 162 Allison v Clutha District Council [pdf, 2.7 MB]

   ...days of completion of the installation of the stormwater mitigation works set out in Condition 2(d) of this consent. 14. The SMOMP must set out how the stormwater management and treatment system is to be operated and maintained to ensure adverse environmental effects from stormwater are minimised. The plan must include, but not be limited to: (a) A programme for regular maintenance and inspection of the stormwater management system; 7 (b) A programme for the collection...

10. [2024] NZEnvC 287 Port Taranaki Limited v New Plymouth District Council [pdf, 1.1 MB]

    ...The amendments reflect the different uses and level of modification in different parts of the port. This clarification achieves the Port Zone objective of providing for the ‘operational and functional needs of the port, while ensuring the adverse environmental effects of activities undertaken at the Port are avoided, remedied or mitigated’. In addition, it achieves the objective for the coastal environment of ‘recognising and preserving the natural character, landscape, historic, c...