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1. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...vocationally independent and able to work for 30 or more hours a week in a number of types of work was correct in that it was the only reasonable conclusion that ACC could have reached at that time, based on all the evidence that was considered. [101] The situation in the present case is markedly different from a that in Cowley, where Judge Henare said of the report in question: The fact of passing reference to the covered difficulties in the past history of illness section, sug...

2. IA v Accident Compensation Corporation (Lump Sum Compensation for Permanent Impairment) [2024] NZACC 35 [pdf, 286 KB]

   NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPELLANT PROHIBITED BY S 160 (1), (2) AND (3) OF THE ACCIDENT COMPENSATION ACT 2001. SEE https://www.legislation.govt.nz/act/public/2001/0049/latest/DLM101854.html IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 35 ACR 163/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION

3. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

   ...Following that, Ms ND attended at Mr SV’s office to sign the separation and relationship property agreement. [18] On that day (17 May), Mr MB sent the settlement statement to the purchaser’s solicitor. The statement included a credit of $101,161.04 for Mr RF’s equity in the property. [19] On the following day (the day of settlement) at 8:54 am, Mr MB sent an email to Mr SV and Mr HM as follows: Could … we please have a copy of the signed separation agreement and your...

4. [2024] NZREADT 22 - TC v REAA & CT (23 July 2024) [pdf, 265 KB]

   ...the tangi was a one-off event which did not need to be disclosed. 25 Email (30 October 2022) from the purchaser to the Authority; BoD at 40. Purchaser’s submissions (2 April 2022) at ninth page. 26 On-line media article (May 2022); BoD at 101. The contents have come from the purchaser herself. See also Appraisal Information (16 June 2022) completed by purchaser where she states she is “Flipping house”; BoD at 99. 27 This is depicted in the video provided by the purchas...

5. LCRO 107/2023 NC v PJ (30 November 2023) [pdf, 209 KB]

   ...Zealand Law Society within 30 days of the date of this decision, pursuant to s 210(1) of the Act. [100] Pursuant to s 215 of the Act, I confirm that the order for costs may be enforced in the civil jurisdiction of the District Court. Publication [101] Section 206(1) of the Act requires that every review must be conducted in private. Section 213(1) of the Act requires a Review Officer to report the outcome of the review, with reasons for any orders made, to each of the persons liste...

6. [2024] NZIACDT 01 RN v Li (8 Janurary 2024) [pdf, 268 KB]

   ...complainant’s claim that there was never any direct contact between them. It is difficult to see how the 9 Section 51(1). 10 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 11 At [97], [101]–[102] & [112]. 8 complainant could have provided the information and documents for the work visa application without the detailed advice set out in Mr Li’s record of his contact with the complainant. The WeChat messages...

7. Wayfinding-for-Civil-Justice-English.pdf [pdf, 1.4 MB]

   ...Anne Waapu Working Group Members 2 Colmar Brunton Legal needs among New Zealanders (Ministry of Justice, 2018); World Justice Project Global Insights on Access to Justice: Findings from the World Justice Project General Population Poll in 101 Countries (World Justice Project, 2019). 4 Table of Contents FOREWORD ............................................................................................................................................... 2 PREFACE .......

8. LCRO 198/2020 CO and EA v LT (29 August 2023) [pdf, 673 KB]

   ...them that they were unable to cancel the contracts. [100] Even though Mr LT had completed a considerable amount of work, the outcome for his clients was unsatisfactory and no doubt diminished their experience of buying their first home. [101] In the circumstances, I have formed the view that, in recognition of this, they should not have to pay any part of Mr LT’s fees. [102] I acknowledge that the orders made below do not meet Mr CO and Ms EA’s expectations, but findings...

9. [2023] NZREADT 19 - NQ v Real Estate Agents Authority (CAC 2104) (9 August 2023) [pdf, 169 KB]

   ...the number of bedrooms) affected his appreciation of the property and its true value. 27 Auckland Council Unitary Plan Map (printed 24 November 2020) at 143 of the bundle. 28 Auckland Council GEOMAPS (2018) at 170 of the bundle. 18 [101] We have already dismissed the purchaser’s complaint concerning proximity to the shoreline. Turning then to the misrepresentation as to the number of bedrooms, the Committee accepted in the penalty decision (13 October 2022) that Mr Bos...

10. Friesen v Accident Compensation Corporation (Personal Injury) [2024] NZACC 46 [pdf, 449 KB]

    ...none other than total knee replacement. [100] I find in this case therefore that on the balance of probabilities the consequences of the meniscal tear caused by this accident went beyond rendering his underlying osteoarthritis symptomatic. [101] If the Respondent’s position were accepted in its entirety, it would mean the appellant would be denied cover and treatment for an injury by accident, namely the torn meniscus. Such an approach would not be consistent with the generous a...