Search Results

1. [2022] NZACC 96 – McGregor v ACC (19 May 2022) [pdf, 395 KB]

   ...employment that would result in a remuneration level comparable to that prior to the accident, and of course in many cases on account of the severity of the accident, achieving earnings comparable to those prior to the accident will not be possible. [101] Here, the surviving job types have as the upper limit of their remuneration range, annual salaries that at $50,000 are just below what the appellant was earning as a case manager for ACC. [102] As to adjustments to the workplace...

2. Director of Proceedings v The Ultimate Care Group Ltd [2022] NZHRRT 17 [pdf, 1.1 MB]

   ...underwent a certification audit in 2017, and a surveillance audit in 2019. The defendant reports these audits found no evidence of the recurring issues found in 2016, which are the subject of this agreed summary of facts. BREACH OF THE CODE 101. Right 4(1) of the Code states: “Every consumer has the right to have services provided with reasonable care and skill”. 102. The defendant had a duty to provide the aggrieved person services with reasonable care and skill, and was...

3. [2021] NZACC 156 - Holton v ACC (4 October 2021) [pdf, 380 KB]

   ...Merely made it more likely that the trauma of accident … was likely to tip the nerve system over the edge and bring about entrapment, when a similar fall involving a younger degenerative-free cervical spine might not have any such consequence. [101] In essence pre-existing degeneration does not rule out cover for further accidents causing injury. 2 [2010] NZACC 198. ACR 165-20 ACR 257-20 Holton [102] Mr Hinchcliff also refers to Ellwood v ACC3 which places the initial...

4. 2022-02-11 Statement of Evidence of Samuel Thomas dated 11 February 2022 [pdf, 390 KB]

   ...Dolbeth M, Cardoso PG, Ferreira SM, Verdelhos T, Raffaelli D, Pardal MA. 2007. Anthropogenic and natural disturbance effects on a macrobenthic estuarine community over a 10-year period. Marine Pollution Bulletin. 54(5):576–585. https://doi.org/10.1016/j.marpolbul.2006.12.005 Douglas EJ, Pilditch CA, Lohrer AM, Savage C, Schipper LA, Thrush SF. 2018. Sedimentary Environment Influences Ecosystem Response to Nutrient Enrichment. Estuaries and Coasts. 41(7):1994–2008. https://doi....

5. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...no remedies had been pleaded, and that he would need to remove claims against persons who could not properly be brought before the Court as defendants since there was no qualifying employment relationship with them. 16 At [104]. 17 At [101]−[105]. [24] In the minute which I subsequently issued after the telephone directions conference, I drew Mr Bennett’s attention to those paragraphs of the Authority’s determination which raised issues that were likely to aga...

6. Protection order applications December 2021 [xlsx, 93 KB]

   ...years 31 48 60 65 56 49 34 38 30 27 5% 6% 6% 7% 5% 5% 3% 4% 3% 3% 20 to 29 years 218 318 325 300 351 315 308 282 299 241 32% 39% 35% 31% 31% 29% 29% 28% 27% 25% 30 to 39 years 114 166 157 172 204 210 196 201 231 209 17% 20% 17% 18% 18% 20% 18% 20% 21% 22% 40 to 49 years 83 90 97 94 129 113 116 101 140 110 12% 11% 10% 10% 12% 11% 11% 10% 13% 11% 50 years or more 35 34 67 53 74 65 85 78 63 78 5% 4% 7% 5% 7% 6% 8% 8% 6% 8% Unknown 196 158 235 280 302 322 324 313 351 295 29% 19% 25% 29% 2...

7. [2022] NZACC 30 – Estate of Su v ACC (3 March 2022) [pdf, 380 KB]

   ...family. [99] Sadly, Mr Su’s condition worsened and he passed away at 2.40 pm on 28 March 2019. [100] Following the treatment injury claim being lodged, Dr Meyer, specialist physician respiratory and general medicine, was asked to comment. [101] He was asked: In your opinion if Mr Su was an in-patient at the time of diagnosis, would this have changed the outcome in this case? [102] Dr Meyer’s response was: It is most unlikely that it would have changed the outcome...

8. [2021] NZACC 191 - Smith v ACC (1 December 2021) [pdf, 201 KB]

   ...appellant simply says in his affidavit that there was an injury on 10 September 2010 when he stumbled whilst performing weighted squats but that the injury the focus of this appeal occurred on 6 December 2010 when he fell off a wobble board. [101] The appellant at the time, unlike many, appears to have had an ongoing close relationship with his GP and indeed with his physiotherapist. [102] However, the appellant did not see his GP immediately after an incident on 6 Decem...

9. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [pdf, 233 KB]

   ...NZHC 2318 at [165]. 18 Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008 (Complaints Service and Standards Committee Regulations), reg 32 — maximum amount of compensation. 17 Censure [101] The order made directing that Mr RR be censured was appropriate. Publication [102] Section 142(2) of the Act provides that a Committee may direct such publication of its decisions as it considers necessary or desirable in the public inte...

10. LCRO 139/2020 MX v RJ and DJ (30 September 2021) [pdf, 252 KB]

    ...had significantly incentivised the parties to push to settlement. 13 Paragraphs [87]–[95] from R and N Family Trust v EL LCRO 205/2015 at [41]–[49]. 14 Letter from Mr RJ to the Lawyers Complaints Service (12 December 2019) at [4]. 18 [101] She explained that there had, in the month of July, been a considerable amount of “to-ing and fro-ing” between the parties, and some productive discussions on refining the deed of settlement. This had encouraged the lawyers to retain...