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1. ORC & Lower Waitaki Irrigation Company Ltd - EIC - Keri Johnston - 17 September 2021 [pdf, 763 KB]

   ...managing water resources (quantity and quality) from all aspects including design of flow and allocation regimes, planning and consenting, engineering hydrology, farm environment planning, the design and management of farm dairy effluent systems and human effluent systems, and management of irrigation systems. 5 I hold a Bachelor of Engineering in Natural Resources Engineering from the University of Canterbury. I am a Professional Member of Engineering New Zealand and a Charter...

2. LCRO 204/2021 UX v AK (28 April 2022) [pdf, 162 KB]

   ...Police, but I accept in the absence of any evidence contradicting the statement made, that the statement made by the police recording the interview with Mr AK provides accurate account of what took place. I can see no reason as to why (excluding human error or error of recollection) the police statement would not have been drafted with purpose to provide accurate summary of the interview. [70] Mr AK clearly became inadvertently enmeshed in a set of circumstances which went well bey...

3. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...erythrocytes in the capillary blood would have impaired flow, leading to a lack of tissue oxygenation particularly when ACR 132/20 exercising. This would account for the high pulse rate and slow recovery after exercise demonstrated at the human performance centre. [82] It was unsurprisingly therefore that the appellant suggested that his hypertension/cardiac problem were related to his 1984-1985 claim. [83] The appellant presents as a person who has done his utmost to get bey...

4. [2022] NZACC 107 - Carmichael v ACC (7 June 2022) [pdf, 225 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [28] Section 103(2) provides: The question the C...

5. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [39] In Johnston,1 France J stated: [11] It is...

6. Rapatini v Accident Compensation Corporation (Personal injury Deemed Decision) [pdf, 220 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [32] In Johnston,1 France J stated: [11] It is c...

7. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...fact specific, and personal to the person who has suffered harm. The key question is the impact caused to the specific individual in question. [59] Counsel also referred us to the Carlyon Holdings Limited case.19 That case, considered in the Human Rights Review Tribunal, provided guidance on determining damages in sexual harassment cases. The factors include: 1. The nature of the harassment. 2. The ongoing nature and frequency of the harassment. 3. The age and vulnerability o...

8. McLachlan v Accident Compensation Corporation (Personal Injury) [2023] NZACC 52 [pdf, 212 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [29] In Johnston,1 France J stated: [11] It is co...

9. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   ...trains shall not be exceeded based on the procedures specified in the Norwegian Standard NS 8176E: 2nd edition September 2005 Vibration and Shock Measurement of Vibration in Buildings from Land Based Transport and Guidance to Evaluation of its Effects on Human Beings. Receiving Environment Maximum weighted velocity, Vw95 which will mitigate vibration impacts; (iii) Any characteristics of the proposed use which make compliance with the standard unnecessary; (iv) A reverse sensitivity...

10. McLeary v ACC (Personal injury) [2024] NZACC 74 [pdf, 228 KB]

    ...specific event or a series of events, other than a gradual process, that involves the application 1 Atapattu-Weerasinghe v Accident Compensation Corporation [2017] NZHC 142. 10 of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [41] In Johnston,2 France J stated: [11] It...