Search Results

1. [2024] NZEnvC 188 Waitaki District Council [pdf, 279 KB]

   ...necessarily, be absorbed where impacts are appropriate and are significantly outweighed by the surroundings. An important part of high-country atmosphere is the sense of remoteness, silence, nighttime darkness, and the appearance of total lack of human impact. In such cases even the first development may well be [inappropriate], by devaluing the pristine state. Secondly, as the extent of change increases once a precedent is established, the overlying natural and aesthetic values...

2. Tane v Accident Compensation Corporation (Personal Injury) [2025] NZDC 36 (27 February 2025) [pdf, 228 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 67 provides that a claimant who has suffered a personal injury is entitled to entitlements if he or she has cover for the personal injury, and is eligible under this Act for the entitlement or entitlements in respect of th...

3. Tapu te Wao v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 137 (16 August 2024) [pdf, 246 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. [47] Section 32 provides: (1) Treatment injury means personal injury that is— (a) suffered by a person— (i) seeking treatment from 1 or more registered health professionals; or (ii) receiving treatment from, or at the dire...

4. Clay v Accident Compensation Corporation (Personal Injury) [2024] NZACC 91 [pdf, 283 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. [46] Section 26(1)(c) of the Act provides that “...

5. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...likely to receive a more severe sentence as a result of previous offending. First and foremost, criminal justice policy should be evidence-based and cognisant of system challenges such as inequity, bias, rights and liberties, and the intricacies of human behaviour. As the Law Society noted in its submission to the Select Committee, the Bill is not evidence-based.10 We are of the view that the options presented here serve to exacerbate this deficiency and will increase the severity o...

6. O’Rourke v Accident Compensation Corporation [2024] NZACC 166 (22 October 2024) [pdf, 279 KB]

   ...arthritis and a wide range of health issues including all the symptoms she currently attributes to the naproxen. 6. It is often very difficult in medicine to define unequivocally the links of causation between particular symptoms and their causes. Humans and their illnesses reflect very complex processes and symptoms from various causes often overlap in presentation. To further complicate matters, all medications can have side effects. 7. It is also common for symptoms to resolve whe...

7. [2025] NZEmpC 186 Menzies v Corrigan [pdf, 309 KB]

   ...provides further context for others. He says the conduct complained of should be taken in jest – for example, his comment that lawyers who work in the employment jurisdiction “are incapable of dealing with matters that require the use of the human brain.” In any case, he notes he has already been admonished for the comments. [84] Mr Anderson also goes on to explain any intemperate language by him is the result of the deficiencies of counsel when they “fail to follow practic...

8. 25072025-Electoral-Amendment-Bill [pdf, 581 KB]

   ...significantly reduce special votes which are administratively burdensome to process, while increasing electoral participation – because an elector’s details on the roll are more likely to be kept up to date.46 This is a less restrictive measure in human rights terms than the proposal for a 13-day registration deadline. Further, the fact that automatic updating of electoral details is predicted to be reasonably effective in cutting down special votes and therefore improving the speed...

9. Fast Dispute Resolution - Consultation on a new statutory adjudication framework [pdf, 665 KB]

   ...disputes and be simple to implement and use. Suitability: As it does not include all the checks and balances of a court process, statutory adjudication is not suitable for criminal matters or situations where there might be an abuse of power or human rights, or disputes that have a wider impact on society. The focus is on speed, so cases need to be relatively low complexity – i.e. low public interest, no other affected parties, largely cordial relationships, and evidence needs to...

10. Fast Dispute Resolution - consultation on a new statutory adjudication framework - Screen readable version [docx, 245 KB]

    ...resolution of disputes and be simple to implement and use. Suitability: As it does not include all the checks and balances of a court process, statutory adjudication is not suitable for criminal matters or situations where there might be an abuse of power or human rights, or disputes that have a wider impact on society. The focus is on speed, so cases need to be relatively low complexity – i.e. low public interest, no other affected parties, largely cordial relationships, and evidence needs...