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1. [2021] NZACC 100 – Tutakangahau v ACC (16 July 2021) [pdf, 447 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 14 June 2021 Appearances: J Miller for the Appellant F Becroft for the Respondent Judgment: 16 July 2021 RESERVED JUDGMENT OF JUDGE P A CUNNINGHAM Introduction [1] On 20 September 2012 Ms Tutakangahau was taken to Middlemore Hospital following an overdose event. She was found unconscious by family members. She was unobserved for 12 hours before she was discovere...

2. [2024] NZEnvC 051 Hamilton City Council v Waikato District Council [pdf, 735 KB]

   ...First Schedule of the Resource Management Act 1991 BETWEEN HAMILTON CITY COUNCIL (ENV-2022-AKL-000079) Appellant AND WAIKATO DISTRICT COUNCIL Respondent AND WARRICK MACDONALD Section 274 party Court: Alternate Environment Judge L J Newhook sitting alone under s 279 of the Act Last case event: Joint memorandum in support of consent order dated 1 March 2024 Date of Order: 25 March 2024 Date of Issue: 25 March 2024 ______________________________________...

3. [2024] NZEnvC 105 Capil Grove Limited v Southland Regional Council [pdf, 2.4 MB]

   ...ŌTAUTAHI Decision No. [2024] NZEnvC 105 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN CAPIL GROVE LIMITED (ENV-2023-CHC-094) Appellant AND SOUTHLAND REGIONAL COUNCIL Respondent Environment Judge K G Reid – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Determination: 10 May 2024 _______________________________________________________________ CONSENT DETERMINATION __________________...

4. [2023] NZEnvC 211 Masterton District Council [pdf, 782 KB]

   ...NZEnvC 211 IN THE MATTER of an application under s 86D of the Resource Management Act 1991 BY MASTERTON DISTRICT COUNCIL, CARTERTON DISTRICT COUNCIL and SOUTH WAIRARAPA DISTRICT COUNCIL (ENV-2023-WLG-000010) Applicants Court: Environment Judge L J Semple sitting alone under s 279(1) of the Act Hearing: In chambers at Wellington Last Case Event: 28 July 2023 Date of Decision: 26 September 2023 (On the papers) Date of Issue: 26 September 2023 ________________________...

5. He Hīnātore ki te Ao Māori: A glimpse into the Māori world [pdf, 1.1 MB]

   .... Director, Mäori - Ministry of Justice John Clarke Tangata Whenua Student Work Programme Ramari Paul Hui Kahu Jason Ataera Chappie Te Kani Mäori Experts Professor Wharehuia Milroy Archdeacon Wiremu Kaa Mäori Focus Group - Ministry of Justice Judge Wilson Isaac James Johnston Judge John MacDonald Ani Mikaere Moria Rolleston Father Henare Tate Merepeka Raukawa Tait Iritana Tawhiwhirangi Betty Wark Ngä Kaumätua Äwhina Roka Paora Te Ru Wharehoka Te Ariki Morehu v Introduction This b...

6. Miller-Hard v Stewart [pdf, 277 KB]

   ...conference in December 2002, the Owners successfully applied to the Court to have the proceedings transferred to adjudication under the Weathertight Homes Resolution Services Act 2002 (“WHRS Act”). This was confirmed in the reserve judgment of Judge P S Rollo on 14 March 2003. 1.6 The Owners made an application to the Weathertight Homes Resolution Service (“WHRS”), and their claim was deemed to be an eligible claim under the WHRS Act. The Owners then filed a Notice of...

7. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000028 [2012] NZWHT AUCKLAND 11 BETWEEN RONALD ALOYSIUS WIHELMUS AND MARTINA HELENA MARIA HOOFT VAN HUIJSDUIJNEN Claimants AND EDWARD MERVYN JOHN AND LYNETTE ANNE CATHERINE WOODLEY First Respondents AND PORIRUA CITY COUNCIL Second Respondent AND ALAN GORDON MINTY (Removed) Third Respondent AND SAWREY CONSULTING ENGINEERS LIMITED (Removed) Fourth Respondent AND DONALD JOHN HAWINKELS Fifth Respo

8. [2018] NZEnvC 025 Minister of Corrections v Otorohanga District Council [pdf, 16 MB]

   ...AND Decision No. [20181 NZEnvC 25 of the Resource Management Act 1991 of a direct referral pursuant to s 87G of the Act MINISTER OF CORRECTIONS (ENV-2017-AKL-92) Applicant OTOROHANGA DISTRICT COUNCIL Consent Authority Environment Judge J E Borthwick Environment Commissioner ACE Leijnen Environment Commissioner R Bartlett Environment Commissioner G Paine Hearing : In Chambers at Christchurch Date of Decision: 1 March 2018 Date of Issue: 1 March 2018 FINAL DECISION...

9. Recommendations Recap Issue 18 [pdf, 736 KB]

   ...accurately assess whether someone who has consumed alcohol is “okay to drive” (or more to the point whether they are under the legal limit). As I go on to discuss below, (and contrary to popular belief) people do not have an ability to judge a person’s level of intoxication accurately enough to decide if they are fit to drive. Effects of even low levels of alcohol consumption on driving risk The alcohol limits for drivers are set at a low level recognisi...

10. [2019] NZEnvC 112 Golf 2012 Limited v Thames Coromandel District Council [pdf, 24 MB]

    ...Assn of Coromandel Inc v Thames-Coromandel DC Decision A4744, 16 September 1977. As well as its relevance to this appeal, the decision is also notable for the fact that all three counsel appearing before the Board (chaired by A R Turner SM) became judges: L J Newhook for the appellant , P M Salmon for the respondent and D F G Sheppard for the main landowner. Ibid. p 9 - 10. Ibid. p 10, 3rd para. Ibid. p 13, 2nd para. 7 Matarangi would require, before rezoning any land for develop...