Search Results

1. Hunia v New Zealand Police [2021] NZHRRT 12 [pdf, 164 KB]

   ...motor vehicle accidents. [19.3] That blood test result revealed the presence of tetrahydrocannabinol (THC), the active ingredient in cannabis and a Class C controlled drug under the Misuse of Drugs Act 1975. Police were advised by the Institute of Environmental Science and Research Ltd (ESR), who undertook the analysis of the plaintiff’s blood sample, that there are no legal drugs currently available in New Zealand that contain THC, no drugs which could result in a false positive read...

2. Abyaneh v Auckland City Council [pdf, 175 KB]

   ...not do so due to a change of circumstances, (in respect of 48A Sanft Avenue there was a dispute with a co-developer who refused to allow Mr Abyaneh to move into the property and due to Mr Abyaneh’s ill health which he believed was caused by environmental issues Page 16 surrounding the property at 72A Grand Drive, that property was also sold). [48] Mr Abyaneh also acknowledged that his original intention was to build two separate units on the 25 Maui Street site, the...

3. [2022] NZEnvC 229 Wilson v Waikato Regional Council [pdf, 1.2 MB]

   ...purposes, the court cannot impose a condition that is not agreed with OAL unless the condition is "directly connected" to:23 (a) an adverse effect of the activity on the environment; or (b) an applicable district or regional rule (or a national environmental standard). The interface between the RMA and the Biosecm·ity Act 1993 [22] The RMA and the Biosecurity Act 1993 ('BA') overlap to some extent in the regulation of marine pests and diseases. However, the short p...

4. [2021] NZACC 5 - Andrews v ACC (12 January 2021) [pdf, 214 KB]

   ...attribute his chronic disability as primarily related to his minor head injury five years ago. As Dr Moran correctly pointed out: “It is well documented in the literature that irrespective of the original cause of the headache that psychological and environmental factors begin to play a greater role in headache maintenance in particular in chronic long term cases.” [136] Dr Fink concludes: It must be acknowledged that the concussion/brain injury that occurred on 14 March 201...

5. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...is brief, we set out the District Council’s decision on the application for resource consent in full:53 The Consent Authority accepts that the conditions imposed on the subdivision and associated land use will adequately mitigate the adverse environmental effects. The Council has considered the existing modified nature of the site, and its location immediately adjoining the Okuru settlement. The existing environment of unimplemented subdivision and land use consents, along with c...

6. BORA Parihaka Reconciliation Bill [pdf, 4.3 MB]

   ...for families and communities. MSD will engage with Parihaka, at their request, to determine how they can best assist the community. Relationships with local authorities TPK Support from Regional Advisors to broker relationships with local authorities. Environmental management plan MfE Provide technical support to develop an environmental management plan for the Parihaka community which might speak to a number of projects identified in the Parihaka Whakamua Parihaka Pūmou: Future-pr...

7. Dooney v Accident Compensation Corporation (Personal Injury) [2022] NZACC 237 [pdf, 253 KB]

   ...does not appear to have been backed by objective, contemporaneous medical evidence. [66] Ninth, the report of the Corporation’s Clinical Advisory Panel (comprising six Orthopaedic Surgeons, a Sports Medicine Specialist, an Occupational and Environmental Medicine Specialist, and a General Surgeon), dated 9 June 2022, commented that: (a) -- The contemporary medical evidence did not support the impression of an acute L5/S1 disc prolapse, from a controlled movement which she “...

8. [2024] NZEnvC 287 Port Taranaki Limited v New Plymouth District Council [pdf, 1.1 MB]

   ...The amendments reflect the different uses and level of modification in different parts of the port. This clarification achieves the Port Zone objective of providing for the ‘operational and functional needs of the port, while ensuring the adverse environmental effects of activities undertaken at the Port are avoided, remedied or mitigated’. In addition, it achieves the objective for the coastal environment of ‘recognising and preserving the natural character, landscape, historic, c...

9. Appendix 7 - Worked examples - other examples [pdf, 2.1 MB]

   ...whether these were filled or not, and what exceedances are present and how these were dealt with. 14. The abstraction records for each scenario were provided by the ORC. Landpro has access to the ORC’s Hilltop Database where water meter and other environmental data is currently stored, and the records provided by the ORC were evaluated for consistency with the raw record viewed in Hilltop. 15. The data analysis results contained in Appendix B were processed using excel software. Fo...

10. [2023] NZEnvC 162 Allison v Clutha District Council [pdf, 2.7 MB]

    ...days of completion of the installation of the stormwater mitigation works set out in Condition 2(d) of this consent. 14. The SMOMP must set out how the stormwater management and treatment system is to be operated and maintained to ensure adverse environmental effects from stormwater are minimised. The plan must include, but not be limited to: (a) A programme for regular maintenance and inspection of the stormwater management system; 7 (b) A programme for the collection...