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1. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...appellant, Warwick Wilson, seeks a reversal of that outcome such that consent is declined.1 1 Mr Wilson submitted in opposition to the application before WRC. 5 The Proposal and applicant [2] The Proposal is for the catching of the spat of New Zealand greenshell mussels (Perna canaliculus).2 The site (‘Site’) is some 1.6km off the Whauwhau coast, north of Whitianga, broadly as indicated:3 [3] The applicant is Ohinau Aquaculture Limited (‘OAL’). Its two direc...

2. Proactive-Release-Criminal-Procedure-Amendment-Rules-2025_FINAL.pdf [pdf, 1.3 MB]

   ...statements without Confirm that a victim impact statement doesn't unnecessary requirements to serve on other need to be served on any party other than the parties being placed on prosecutors. offender's lawyer (if any). Rule 11 - Inserting new Rule SA.SA (Filing Ensure that victim impact statements are fi led of victim impact statements) in a timely manner. Clarify that the prosecutor must use best endeavours to fi le victim impact statements at least five days before sen...

3. [2019] NZEnvC 086 Connell v South Taranaki District Council [pdf, 216 KB]

   ...changes: (c) submit the changes to the Court for confirmation. (2) The Court- (a) must state its reasons for giving a direction under subsection (1); and (b) may give directions under subsection (1) relating to a matter that it directs to be addressed. In summary ss 293(1) and (2) enable the Court to initiate the processes set out above after hearing "an appeal against, or an inquiry into, the provisions of any proposed ... plan". [9] In this case there are two prelim...

4. [2023] NZEnvC 177 Otago Regional Council v Armishaw [pdf, 280 KB]

   ...(‘the Council’) for costs against Blair Edward Armishaw seeking costs relating to the interim and final orders it obtained against him. Background [2] The application for interim enforcement orders was lodged with the court on 6 May 2022 to address the discharge of human sewage from his property situated at 1010 Weston-Ngapara Road, Elderslie (‘the Site’). The application was granted on the same day,1 although the orders were not complied with. [3] The Council filed a f...

5. Croon v Māori Trustee - Kekerione 31B (2024) 84 Te Waipounamu MB 224 (84 TWP 224) [pdf, 285 KB]

   ...Section 288(4) which requires the court when considering the necessity test to consider whether it is necessary in granting the partition to facilitate the “effective operation, development, and utilisation of the land.” [30] I now turn to address these criteria. Have the owners had sufficient notice of the application and sufficient opportunity to discuss and consider it? [31] There are 76 owners in the block. Efforts on the part of the trustees of the Whānau Trust and the...

6. BZ v Accident Compensation Corporation (Mental Injury) [2025] NZACC 065 (22 April 2025) [pdf, 196 KB]

   ...Corporation’s decision and directed that it make a new decision, after complying with the following directions: a) ACC must obtain an opinion from Dr Foliaki (or another Pasifika or Samoan psychiatrist as agreed to between [the appellant] and ACC) addressing Dr Mendiola’s diagnosis of persistent depressive disorder and whether it was caused by the accident in 1993; b) Provided [the appellant] agrees, then Dr Foliaki (or such other Pasifika or Samoan psychiatrist engaged) mus...

7. [2022] NZACC 149 – Hagar v ACC (29 July 2022) [pdf, 183 KB]

   ...appeal is dismissed. 3 Section 145 of the Act. 4 Schedule 5 of the Dog Control Act 1996, as amended on 11 June 2021. 9 [36] I make no order as to costs. P R Spiller District Court Judge Solicitors: ACC Legal Services for the Respondent.

8. [2021 NZACC 189 – CD v ACC (30 November 2021) [pdf, 578 KB]

   ...understand at the time, and they have failed to understand in the years since. 16. ACC has continued to maintain that a decision based on the report of report Dr Turner. That report was substantially flawed and has been superseded by ACC's new cover decisions. Those new decision were based on new medical evidence, particularly the early onset menopause. Dr Turner was unaware of this condition, or of its likely symptoms. On that basis alone, his report fails. [19] In...

9. [2022] NZEnvC 160 Tararua District Council v Manawatu-Wanganui Regional Council [pdf, 1007 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: Hearing: Appearances: IN THE IVIA TIER Decision No. [2022] NZEnvC 160 of appeals under s 120 of the Resource Management Act 1991 BETWEEN TAR.ARDA DISTRICT COUNCIL (ENV-2021-WLG-000031) ]BENT AND AND (ENV-2021-WLG-000030) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TAR.ARDA DISTRICT COUNCIL Applicant Environment Judge BP Dwyer Environment Commiss

10. Hay v Dodds [pdf, 235 KB]

    CLAIM NO: 01917 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN JOHN CEDRIC HAY and MARJORY YOLANDE HAY Claimants AND ALISTAIR MURRAY DODDS trading as Dodds Design First Respondent AND MELVYN VINCENT LEE Second Respondent AND KRISTOPHER LEE SUNDE Third Respondent AND NORTH SHORE CITY COUNCIL Fourth Respondent DETERMINATION OF ADJUDICATOR (Dated 10 Novemb...