Search Results

1. [2023] NZEnvC 140 Crown Investment Trust v Queenstown Lakes District Council [pdf, 17 MB]

   CROWN INVESTMENTS TRUST v QLDC – TOPIC 31 CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 140 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN CROWN INVESTMENT TRUST (ENV-2019-CHC-66) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Cham...

2. Feaver v Accident Compensation Corporation (Leave to appeal to High Court) [2024] NZACC 51 [pdf, 230 KB]

   ...JUDGMENT OF JUDGE P R SPILLER [Leave to appeal to the High Court – s 162 Accident Compensation Act 2001] Introduction [1] This is an application for leave to appeal against a judgment of His Honour, Judge McGuire, delivered on 18 December 2023.1 At issue in the appeal was the decision of Alliance Group Limited (AGL), dated 15 October 2015, declining cover for a work-related personal injury, namely, subacromial bursitis of Ms Feaver’s right shoulder. The Court allowed the a...

3. Samuela v ACC (Weekly compensation) [2024] NZACC 70 [pdf, 185 KB]

   ...abated Mr Samuela’s holiday pay, he would then be able to receive more than 52 weeks income per year, which was contrary to the legislation and case law. Mr Samuela filed a Notice of Appeal against the Reviewer’s decision. [11] On 10 March 2023, the Corporation issued a fresh decision which revoked its decision of 16 August 2022. The Corporation no longer abated the leave payments which Mr Samuela received from his employer during his period of incapacity and recalculated and...

4. [2024] NZEnvC 093 Ocean Dynamics Limited v Tauranga City Council [pdf, 349 KB]

   ...IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 093 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN OCEAN DYNAMICS LIMITED (ENV-2023-AKL-000102) Appellant AND TAURANGA CITY COUNCIL Respondent AND TMH (1982) LIMITED Applicant Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the Act Last case event: 18 March 2024 Date...

5. 2023-08-18-Submissions-of-Alan-Jamieson.pdf [pdf, 208 KB]

   ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency __________________________________________________________________________ SUBMISSION...

6. Mostafa v Accident Compensation Corporation (Cover Issues) [2023] NZACC 79 [pdf, 179 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 79 ACR 273/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SAID MOSTAFA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 3 April 2023 Heard at: Christchurch/Ōtautahi Appearances: The Appellant in person Mr C Light for the Respondent Judgment: 17 May 2023 _______...

7. RN v Accident Compensation Corporation (Claims process – application for recall of judgment and reinstatement of appeal) [2025] NZACC 009 (21 January 2025) [pdf, 191 KB]

   ...was subject to lengthy delays and missed deadlines for submissions and responses on behalf of the appellant. Following non-compliance with Court directions, Minutes and Directions (some including unless orders) were issued by the Court on 25 May 2023, 12 June 2023, 13 June 2023, 22 August 2023 and 20 September 2023. Scheduled hearings were cancelled, as there were several last-minute adjournments at the appellant’s request, and some alternative dates were objected to by the appe...

8. FS v Accident Compensation Corporation (Work-related gradual-process injury) [2024] NZACC 135 (15 August 2024) [pdf, 185 KB]

   ...August 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual-process injury - s 30, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 26 October 2023. The Reviewer dismissed an application for review of the Corporation’s decision dated 5 July 2021 declining cover for a work-related gradual process injury. 2 Background [2] On 22 November 1993, Dr N G MacKenzie, Paediat...

9. Gordon v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 122 (30 July 2025) [pdf, 188 KB]

   ...Judgment: 30 July 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury – s 32, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 30 August 2023. The Reviewer dismissed an application for review of the Corporation’s decision of 23 May 2022 to decline Ms Gordon’s claim for cover for treatment injury. Background [2] On 19 August 2019, a referral to Waikato Hospital recorded...

10. Hagar v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 040 [pdf, 162 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 40 ACR 83/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT ON A QUESTION OF LAW UNDER SECTION 162 OF THE ACT BETWEEN MICHELLE HAGAR Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Appearances: The Appellant self-represented Ms A Douglass for...