Search Results

1. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

   ...under Rule CMr.33(d) of the Plan. 3 [2] The application was supported by the affidavits of Julie Barton and Jane Doogue lodged with the application, although further affidavits were filed by Ms Doogue over the course of the proceedings in response to the court’s questions. [3] The Council’s reason for making the application is to obtain a definitive answer on the interpretation of the regional coastal plan r CMr.33.1 and whether in terms of that rule vehicles are permit...

2. JD v Accident Compensation Corporation (Mental Injury) [2023] NZACC 87 [pdf, 266 KB]

   ...10-15% in these regions on good follow up anatomical brain imaging. In this setting, the brain is much more likely to preconsciously make the assumption that stimuli are negative until proven otherwise, leading to avoidant and frequently depressive responses. This reflects the major biological underpinning for depression being associated with post traumatic stress disorder. Brain derived neurotrophic factor also reduces activity following brain injury. Therefore, it is not surprisin...

3. Cockburn v Accident Compensation Corporation (Personal Injury) [2023] NZACC 93 [pdf, 240 KB]

   ...provided, it appears that adequate history and examination were carried out at each of the multiple presentations over the course of approximately a year. Wound swabs were taken in appropriate manner, especially when questions arose over the pathogen responsible for these infections and if the infection was sensitive or resistant to the antibiotic treatment provided. Differential diagnoses were also considered such as fungal involvement, and the appropriate medications were prescrib...

4. Spray Marks NZ Ltd v Accident Compensation Corporation (Industry Classification) [2023] NZACC 127 [pdf, 454 KB]

   ...preparing the report, Mrs Smart had access to the appellant’s Xero accounting and payroll system and thereby analysed the appellant’s operations, accounting, and business records. [15] On 2 September 2022, the respondent obtained a report in response by Ngarangi Bidois, Director and Accountant at He Kakano Iti Ltd. [16] The reports identified that Spray Marks operates four separate business activities, traffic management, road marking, road services and sign installs – which s...

5. [2024] NZEnvC 111 Scaife v Queenstown Lakes District Council [pdf, 255 KB]

   ...interim decision we confirm our finding that r 46.4.3 is not justified and is inappropriate for achieving those objectives. QLDC may well wish to further reflect on the looseness of r 46.4.3 for other spot zone contexts. However, that is within its responsibility as planning authority so we take that no further. [54] We do not accept the recommendation in the JWS as to the addition of a further r 46.4.20 to prescribe “recreation and recreational activity” to be a non- complyi...

6. BN v Accident Compensation Corporation (Personal Injury) [2025] NZACC 10 (21 January 2025) [pdf, 352 KB]

   ...gravity was also acting against the abdomen. Gravity only needs to be involved. Gravity involved in the tearing of the perineum during childbirth, is greater and more obviously involved than in injuries routinely covered by the Corporation. [33] In response to the question of whether the physical injury was caused by the accident, Ms Copland submitted the expert evidence shows that gravity played a material causal role in causing the perineal tear. [34] Ms Copland submitted the opin...

7. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   ...June 2023, which record psychological impacts arising from work related stress, including severe anxiety and depression. The June 2023 medical certificate records that Mr Cummings was on long-term medications to manage these conditions. [63] In response, KAM submits that the psychological illness suffered by Mr Cummings was not caused by any interference with his privacy, and instead was caused by his decision to resign despite KAM’s “strong and repeated urgings” that he stay...

8. List-of-Fee-Changes-1-July-2025.pdf [pdf, 519 KB]

   ...(b) Land Transfer Act 1952 (c) Government Roading Powers Act 1989 (d) Māori Affairs Restructuring Act 1989 (e) Crown Minerals Act 1991 (f) Resource Management Act 1991 (g) Heritage New Zealand Pouhere Taonga Act 2014 (h) Climate Change Response Act 2002 (i) Building Act 2004 Filing an application in respect of the following: (a) transmission of order for payment of money to a District Court (b) charging order for enforcing court order for payment of money (c) appoi...

9. NH v Accident Compensation Corporation (Deemed Cover) [2025] NZACC 11 (27 January 2025) [pdf, 274 KB]

   ...Act. (b) Parts of Dr Faulkner’s report and the appellant’s subsequent telephone inquiry to the Corporation amounted to a claim for cover in terms of ss 48 to 53 of the Act. (c) Following the appellant’s telephone inquiry, the Corporation’s response was to follow up on matters relating to the sensitive claim only, leaving the appellant’s request for weekly compensation for the effect of workplace bullying unaddressed. (d) The appellant should have been informed, but was...

10. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

    ...which operates as part of the Ngati Paoa Whanau Trust incorporated under the Charitable Trusts Act 1956 on 26 July 1989.” [72] At note 1(d) under the heading “Income Tax” the following sentence appeared: “As the Ngati Paoa Whanau Trust is responsible financially for the farm, it has been considered part of the operations of the Trust which is not subject to income tax as it is a charitable Trust exempted by the Inland Revenue Department.” 141 Waikato MB 287 [73]...