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1. [2022] NZEnvC 119 Mangawhai Harbour Restoration Society Inc v Northland Regional Council [pdf, 1.7 MB]

   ...occurs on ‘contaminated land’ or ‘potentially contaminated land’. Discharges from ‘contaminated land’ or ‘potentially contaminated land’ are provided for under Section C.6.8 Contaminated Land, while the territorial authority is responsible for managing the disturbance of contaminated land. For the avoidance of doubt this rule covers the following RMA activities: • Earthworks (s9(2)). • Damming and diversion of stormwater associated with earthworks (s14(2)...

2. [2022] NZACC 96 – McGregor v ACC (19 May 2022) [pdf, 395 KB]

   ...meant that the claimant should be able to begin work in the recommended job on the next working day because the claimant was vocationally ready in terms of skills training qualifications licences etc. [32] On 5 December 2016, Mr Macann provided a response to Mr Berry’s report. In essence, he stood by what he had said in his assessment of 17 October 2016. [33] ACC’s decision went before reviewer Lindsay Edmondson on 21 February 2017. In a decision dated 20 March 2017, the revie...

3. [2021] NZACC 191 - Smith v ACC (1 December 2021) [pdf, 201 KB]

   ...timing of these possible sprain injuries no further. The Appellant’s Reply [88] In reply Mr Brown said that the appellant’s 2002/2003 injury settled down after about a year and was “gone”. [89] He submits that the appellant’s response to Dr Ruttenberg’s medical assessment was just that and that he was responding to Dr Ruttenberg’s points rather than setting out a detailed chronological history of injury. [90] He says the fact that an X ray was ordered in 2008...

4. Appendix 1 to JWS 12 [pdf, 401 KB]

   ...Community water supply Means a water supply for the primary purpose of supplying drinking water to communities, that may also be used for industrial and business uses, and is for the purpose of enabling territorial authorities to meet their responsibilities for the supply of drinking water under the Health Act 1956 and the Local Government Act 2002. A community water supply serves 25 or more people for at least 60 days a year. Mainline irrigation pipes The primary permanent...

5. Whariki Haumaru Full Report [pdf, 805 KB]

   ...before arresting the male. I advised the officers to obtain his details and I will contact him, they did this, forwarded his details to me and were able to come free to attend more urgent matters. By dealing with the incident in this way, kept PST response in Napier at full strength and didn’t apply any further pressure on staff. The male avoided arrest, overnight stay in the cells, having to find travel back from Hastings and returned to his whānau. The male also works part time (...

6. [2024] NZEnvC 072 McCallum Bros Limited v Manuhiri Kaitiaki Charitable Trust [pdf, 7.2 MB]

   ...landscape did not touch upon any economic issues whatsoever. The question then is whether Mr Brown or Mr Hohneck did. [59] The application relied upon the transcript relating to cross-examination conducted by McCallum Bros itself. This turns on a response given by Mr Hohneck to particular questions asked by Mr MacRae:16 Q [Mr MacRae] Within the golf course area, I mean it’s not just the golf courses is it? A [Mr Hohneck] No, that’s correct. There’s existing standing...

7. Boyle v ACC (Deemed Cover, Weekly Compensation) [2024] NZACC 61 [pdf, 277 KB]

   ...the CAP held a panel meeting to review Mr Boyle’s files. The CAP consisted of five Orthopaedic Surgeons, a General Surgeon, and an Occupational and Environmental Medicine Specialist. [30] On 10 November 2022, the CAP provided its comment. In response to the questions put to it by the Corporation, the CAP commented as follows: 9 (a) By reference to Mr Boyle’s presentation, description of the mechanism of injury and contemporary documentation, please describe the nature of t...

8. Cochrane v Accident Compensation Corporation [2024] NZACC 76 [pdf, 239 KB]

   ...of any known precipitating event/trauma. As such, the CAP prefers the opinion of Mr Dalzell regarding the origins of the L5/S1 disc protrusion, as this is supported by both the clinical evidence on file and current research evidence. [33] In response to a question regarding the role played by disease, gradual process or the ageing process, the CAP stated: The CAP considers the current condition of the L4/5 and L5/S1 levels to be more likely than not the result of a proces...

9. Griffiths v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 201 [pdf, 285 KB]

   ...this, you suffered a placental abruption which caused you to lose your baby, Ryker. You believe that the osteopathic treatment you received may have caused your placental abruption. [11] The letter from the HDC noted that Mr Maidment had provided a response to the claim and advice had been provided by Dr Maplesden, General Practitioner and inhouse HDC medical advisor. The letter further details: Dr Maplesden advises that you had a stillbirth on 1 March 2015 at 31 weeks’ gestation....

10. Smith v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 30 [pdf, 277 KB]

    ...she has some resolution of the cause of her pain, with clear clinical signs showing subtle instability and pain associated with this in her acromioclavicular joint. I see no reason why ACC should not cover her ongoing care and treatment. [47] In response to the comments of Dr Fong, Mr Twaddle reported again on 15 November 2022. [48] Mr Twaddle said: What I have suggested is that the proposed cause of Ms Smith’s problem is an injury to the capsular stability of her left acromiocla...