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1. [2022] NZACC 19 - McBryde v ACC (9 February 2022) [pdf, 453 KB]

   ...and then, one by one, move each of my limbs. After about 20 minutes or so I was on my feet and started to gradually move around with great caution. I remember touching my forehead at this point – it felt like being hit with a hammer. [101] He managed to extract himself and his mother took him to an A & E clinic where x-rays were taken and he was sent home with voltaren for pain. He was instructed to rest. [102] Three days later, he had a call from the A & E clin...

2. Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) [pdf, 335 KB]

   ...the Court expressed the view that removal was desirable because of the repetitive nature of his breaches of trustee duties. This 29 Brooking v Henderson - Wharekahika A47, above n 9, at [114]. 30 Above n 9, at [102]. 31 Above n 9, at [96]-[101]. 2023 Māori Appellate Court MB 36 conclusion was open to the Court on the facts, after taking into account all relevant considerations. No irrelevant considerations were entertained. The Court was not plainly wrong. The decis...

3. McKenzie v Accident Compensation Corporation (Personal Injury) [2024] NZACC 008 [pdf, 295 KB]

   ...[2008] 1 NZLR3 40 at [77], [78]. Result [100] The Decision and the Review Decision are correct in concluding that Mrs McKenzie has no cover for and entitlement to surgery funding to treat her right knee medial compartment osteoarthritis. [101] The appeal is dismissed. Costs [102] Although Mrs McKenzie is unsuccessful on appeal, the Corporation does not seek costs and I make no order for costs. I C Carter District Court Judge Representation/Solicitors: Mrs Judith McK...

4. Singh v McKee [2024] NZHRRT 3 [pdf, 259 KB]

   ...harassment unlawful. New Zealand is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination and one of the purposes of the HRA is to implement that Convention.18 15 See Singh v Singh, above n 3 at [101]. 16 See Singh v Singh at [103]-[105] and Elhassan v Webby [2022] NZHRRT 27 at [87]-[90]. 17 See Singh v Singh at [106]-[108] and Elhassan v Webby at [87] 18 International Convention on the Elimination of All Forms of Racial Discriminat...

5. Tsirakoff v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 148 [pdf, 331 KB]

   ...cause any current dysfunction, let alone any incapacity dating back to 1991. He could not comment on the relation between her current state and the 1990 accident because the accident was too long ago and there was insufficient documentation. [101] Against this reporting, is Ms Tsirakoff evidence. In her answers to questions considered by Dr Thakurdas, there is mention of her multiple injuries from 1993 to 2013. Ms Tsirakoff stated, “The reason I had to stop work was the pain me...

6. Brown v Accident Compensation Corporation (Cover Issues) [2023] NZACC 23 [pdf, 280 KB]

   ...position. These were each responded to by Mr Hodgson in his response dated 28 June 2019. [100] I note that the panel said: The client had mechanical back pain but no radicular or sciatic symptoms, in keeping with an acute protrusion. [101] This is at odds with the note from the St John officer, who recorded some pins and needles down left leg; this fact also being recorded in the emergency department nursing assessment. [102] It seems that the two opposing positions are ca...

7. LCRO 117/2022 VN v SC (16 May 2024) [pdf, 216 KB]

   ...the respondent had not destroyed his records. He had archived his emails and apparently was not sufficiently computer-literate to find where he had stored them without assistance. He owed no professional duty to the applicant in that regard. [101] In his May 2024 response to my minute, Mr JF records that he had been instructed by Mr FN on behalf of the applicant to endeavour to bring her complaint “back on track”. In my view, for the reasons already given by two standards committ...

8. LCRO 80/2022 NL v EB (23 July 2024) [pdf, 237 KB]

   ...timely manner as required by Rule 16 of the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008 [(Conduct and Client Care Rules)]. (b) Whether funds were distributed from the trust ledger account reference 1015-15 in the name of [Firm B] without the relevant written authority from [Firm B] and/or the two directors of [Firm B], being Mr EF and Mr VF, and not in accordance with a Settlement Agreement dated 15 March 2016 and, if so, were in breach...

9. Foketi v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 86 [pdf, 293 KB]

   ...find that it is not competent for the court to alter the taxation status of a person from being that of an employee on wages to that of a self-employed person when that particular status has been determined by the Inland Revenue Department. [101] Once again, this decision does not assist ACC’s position. The appellant’s status has not been determined by the Inland Revenue Department. [102] Accordingly, therefore, I find that the appellant was an employee at all material times,...

10. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

    ...Such property included the remaining proceeds of sale of Property A. (The respondent was not the lawyer who acted on the sale of Property A). Further, the applicant expressly acknowledged that he did not rely on the respondent in any respect. [101] The applicant places great reliance on the “disclosure” clause quoted at paragraph [11] above and on the respondent’s certificate under s 21F of the PRA. 19 [102] The disclosure clause is a representation made by the applicant and...