Search Results

1. [2022] NZEnvC 143 Western Bay of Plenty District Council [pdf, 357 KB]

   ...rules). Evidence in support [4] The Council lodged an affidavit of Phillip Steven Martelli sworn on 18 July 2022 in support of its application. The affidavit addresses: (a) a summary of the The Council’s obligations, as a Tier 1 authority, in response to the Amendment Act; (b) an overview of the steps undertaken by The Council prior to and since December 2021; (c) a summary of Plan Change 92; (d) details of the proposed financial contribution rules; (e) an explanation of...

2. [2022] NZEnvC 079 Woolworths New Zealand Limited [pdf, 320 KB]

   ...Spreydon. [66] Counsel refers to the significant attempts it had made to overcome concerns and narrow the issues prior to and during the hearing, whilst noting that throughout this dialogue, Spreydon’s position had remained unchanged. Spreydon’s response [67] Woolworths’ application was resisted by Spreydon, who relies heavily on the presumption against an award of costs in s285(5)(b) being made to a s274 party. [68] Mr Hughes-Johnson, QC for Spreydon, cited Verseput v Taur...

3. McCaw Lewis - Rakautatahi 1B2B1A (2022) 97 Takitimu MB 232 (97 TKT 232) [pdf, 499 KB]

   ...including because it facilitates and promotes the retention, use, development, and control of Māori land as taonga tuku iho. Among other things, it enables 13 Some of the owners are deceased, but in some instances their successors have provided responses. 97 Tākitimu MB 249 the house block to be used by its owners (for whom the land is taonga tuku iho) and the owners of the farm block to access and use the farm block. Whakataunga Decision [46] For these reasons,...

4. Greenslade v Commissioner of Police (Privacy Act) [2021] NZHRRT 54 [pdf, 184 KB]

   ...investigation of his performance on this test we would be adopting too greater (sic) risk than reasonable for Police and potentially setting up for significant challenges and stress both in the training and operational environment. We have HSE Act responsibilities to minimise this risk and so this weighs heavily against waiving the standards on this occasion. My strong recommendation is that this candidate be provided detailed feedback on this and that we offer to refer him to a neuro ps...

5. [2021] NZACC - Hallmond v ACC (3 August 2021) [pdf, 338 KB]

   ...an injury suffered in 2001 and did not think there was any evidence of a disc injury suffered in 2001, which had then led to the pathology requiring treatment. [32] The clinical advisory panel provided further final comment on 4 August 2020 in response to various issues raised by Mr Hinchcliff. The Appellant’s Submissions [33] In written submissions Mr Hinchcliff makes these points: • There is no evidence that the appellant had prior back problems. • The contemporaneous...

6. Mitchell v Corrections [2023] NZHRRT 18 [pdf, 204 KB]

   ...Crown Prosecutor had actually requested. The request from Police to Corrections removed the reference to the prison mail system which had the result of widening the scope of the request to include all PC01 forms Ms Mitchell had ever made. [46] In response to Detective Rowe’s request, 47 pages of PC01 forms were provided to the Police on 31 August 2015, but ultimately none of the PC01 forms were filed with the Court as the Crown Prosecutor considered none of them related to the mail s...

7. [2024] NZEnvC 083 Blue Glass Limited v Dunedin City Council [pdf, 333 KB]

   ...of the appellants’ arguments, at the conclusion of the hearing, and following discussion with the parties, the court determined that it would be helpful to hear from Manaaki Whenua Landcare Research (MWLR) who is the Crown Research Institute responsible for New Zealand’s land environment as to how the NZLRI is maintained. That was facilitated by counsel for Dunedin City Council (DCC) and Otago Regional Council (ORC). An affidavit from Dr Andrew Manderson, who is the Science Te...

8. Merrylees v Accident Compensation Corporation [2023] NZACC 186 [pdf, 279 KB]

   ...on for ages, um, so yeah, physio and then sports physician after that, various ones, um, that the physio recommended. Yeah, then I had all, yeah, a lot of different treatments to try and sort it out. Yeah, and it just continued. [80] Then in response to being asked how his elbow is now, he said: Oh, its really bad, its, its actually got worse in the last, oh, I’d say few months, its actually increased a lot in pain, um, like at night time, but its always there and its actually g...

9. People discharged without conviction December 2023 [xlsx, 89 KB]

   ...convicted or not: - proved outcomes (where a person is found to be, or pleads, guilty) include convicted and other proved (Youth Court proved (s283 order), discharge without conviction and adult diversion/Youth Court discharge, and proven but not criminally responsible on account of insanity). - not proved outcomes include the person being found not guilty and where the charge is withdrawn or dismissed. - other charge outcomes include being found not guilty by reason of insanity, unfit to stand...

10. People discharged without conviction June 2023 [xlsx, 88 KB]

    ...convicted or not: - proved outcomes (where a person is found to be, or pleads, guilty) include convicted and other proved (Youth Court proved (s283 order), discharge without conviction and adult diversion/Youth Court discharge, and proven but not criminally responsible on account of insanity). - not proved outcomes include the person being found not guilty and where the charge is withdrawn or dismissed. - other charge outcomes include being found not guilty by reason of insanity, unfit to stand...