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

   ...Auckland Transport, as the Road Controlling Authority, which represents a relevant aspect of the public interest, and/or has an interest in the proposal that is greater than the interest the general public has. This is because submission number 4336-191 requests relief that affects the local road network. With the limited clarification and information provided by KiwiRail Holdings Limited, Auckland Transport opposes submission 4336-191. The particular part of the submission Auckland Tra...

2. [2023] NZEnvC 007 Ravenswood Developments Limited v Waimakariri Distrrict Council [pdf, 1.1 MB]

   ...279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: the appeal is allowed to the extent that Plan Change 30 to the Waimakariri District Plan is accepted in accordance with Appendix 1, attached to and forming part of this order; 2 the appeal is otherwise dismissed. B: Under s 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal by Ravenswood Developm...

3. [2013] NZEmpC 117 Morgan v Whanganui College Board of Trustees [pdf, 163 KB]

   ...of agreed facts. [9] On 29 March 2012 Mr Morgan restrained a student physically in the course of separating students engaged in what is described as a “bullying incident”. Mr Morgan reported the incident to the school’s management and was requested to provide a report about the incident which he did on the following morning, 30 March 2012. [10] By 5 April 2012, when Mr Morgan met with senior management of the school, he had what is described as a “legal representative”...

4. RIS: Protection of the name ombudsman [pdf, 510 KB]

   ...concerning Restrictions on the use of the name “Ombudsman” In February 2002, then Chief Ombudsman Sir Brian Elwood published guidelines to assist those seeking his approval to use the name, which were available from the Office of the Ombudsmen on request. This was the last publicly notified change of policy by a Chief Ombudsman on how requests would be considered. The guidelines noted that the over-riding consideration for the Chief Ombudsman would be whether the public intere...

5. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...45.3. preserves the authority of the Governor-General to exercise the prerogative powers delegated by the Letter Patent, albeit that the occasion for exercise of those powers will be extremely rare, and 45.4. enables the Minister of Justice, to request the opinion of the CCRC on a matter related to the possible exercise of the prerogative of mercy, for example on an application for a free pardon. 46. On balance, responses to targeted consultation tended to agree that it was vital for t...

6. Waata v Namana - Hurunuiorangi X3 (2023) 102 Tākitimu MB 263 (103 TKT 263) [pdf, 322 KB]

   ...were: (a) Refusal to support an application to the Māori Land Court to have shares currently vested in the Hurunuiorangi Marae Trust Board transferred to the Hurunuiorangi X Trust Block Trust. (b) Frances and Mihi both refuse to sign a letter requesting transfer of unsucceeded shares from respective owners to the Hurunuiorangi X Block Trust. (c) Frances and Mihi both opposed providing Rihi with payments for her work as secretary. [16] Mihi notes that disagreements are an occa...

7. [2021] NZACC 98 – Newman v ACC (6 July 2021) [pdf, 314 KB]

   ...examination findings of a limited range of motion are non-specific. There was no crepitus, swelling deformity or impairment distal to injury, and these findings are not consistent with a fracture. • Dr George’s comment on the 01/07/2017 X-ray request form about “chronic dislocation of the clavicle on that side” may have been related to the chronic capsular hypertrophy. The acromioclavicular joint was noted to be normal on the subsequently MRI scan. • The in...

8. IA v Accident Compensation Corporation (Lump Sum Compensation for Permanent Impairment) [2024] NZACC 35 [pdf, 286 KB]

   ...involves nerve signalling from the brain and spinal cord to the rest of the body. CRPS is characterised by prolonged or excessive pain and mild or dramatic changes in skin colour, temperature, and/or swelling in the affected area. There are two similar forms, called CRPS I and CRPS II, with the same symptoms and treatments. CRPS II (previously called Causalgia) is the term used for patients with confirmed nerve injuries. Individuals without confirmed nerve injury are classified as hav...

9. Mollett v Accident Compensation Corporation (Suspension of Weekly Entitlement and Delay) [2023] NZACC 112 [pdf, 263 KB]

   ...refer her for a SPECT CT scan of her back, to look for ongoing inflammation in her facet joints. Dr Armstrong said that, if the bone scan was negative, he would look into her hip as a possible source of her pain. Dr Armstrong stated that he had requested that Ms Mollet’s hip be added to her ACC claim. Dr Armstrong certified Ms Mollet as unfit for work until 1 July 2020. [25] On 29 May 2020, the Corporation asked Dr Armstrong to provide a READ code and side regarding his reques...

10. [2024] NZEnvC 111 Scaife v Queenstown Lakes District Council [pdf, 255 KB]

    ...that, given limb (a) is intended to operate alongside these stated caps, a reference to visitor caps or numbers would be appropriate. That is so that it is clear that this policy limb is related to those caps – rather than to any other built form standard i.e., total gross floor area. QLDC submits this could be achieved by modifying limb (a) to read: a. the capacity of visitor accommodation, including by managing total visitor numbers; [13] QLDC submits that this drafting ame...