Search Results

1. IPT 2021-22 Annual Report [pdf, 526 KB]

   ...Points of the 2021/2022 Court Year 1. On 30 July 2021, the Tribunal farewelled Judge Peter Spiller as Chair of the Tribunal, after a tenure of more than seven years. Under his leadership, the Tribunal disposed of the significant backlog of files on hand in 2014, when he became Chair, and reduced the average time for delivery of decisions to under five months from lodgement. Judge Spiller left the Tribunal in much better shape than he found it. His dedication and commitment t...

2. [2022] NZACC 19 - McBryde v ACC (9 February 2022) [pdf, 453 KB]

   ...confirm Mr McBryde reported significant ongoing pain in both thoracic and lumbar regions. [5] In or around April 1994, Mr McBryde made a return to work and was certified as partially incapacitated. [6] In May 1994, an additional claim was filed for a fracture of the L1 vertebra. The claim for cover indicated that Mr McBryde had significant pain, and a referral to Mr Howie, orthopaedic surgeon, had been made. Cover was accepted for that injury. [7] Mr Howie noted that Mr McB...

3. [2022] NZACC 1 - Namana (6 January 2022) [pdf, 275 KB]

   ...July 2017, Ms Namana reported heel and foot pain to her GPs. On 3 July 2017, Dr Hilary Willson, GP, diagnosed plantar fasciitis, and this was confirmed on 13 October 2017 by Dr Mark Lockwood. [4] On 28 November 2017, an ACC injury claim form was filed for bilateral plantar fasciitis. The claim form described: “Has been on her feet cleaning in steel cap boots up to 15 hours a day has developed plantar fasciitis”. An accident date of 5 June 2017 was recorded. [5] On 30 Novemb...

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

   ...quashed. However, the reviewer determined that he could not decide the appellant’s employment status. It was the reviewer’s decision that only the Inland Revenue Department had competency to decide this matter. [4] Counsel have helpfully filed an agreed statement of facts and issues as follows. Agreed Facts [5] Mr Foketi is from Tonga. English is his second language. He came to New Zealand in December 2019. [6] Mr Foketi was working as a labourer for JNP Constructio...

5. Feaver v Accident Compensation Corporation (Work-Related Personal Injury) [2023] NZACC 210 [pdf, 438 KB]

   ...respondents, Alliance Group Limited, dated 15 October 2015 declining cover for a work-related personal injury, namely subacromial bursitis in respect of the appellant’s right shoulder. [2] Prior to this hearing, on 15 August 2023, Mr Hlavac filed a memorandum advising the Court that ACC had determined not to represent itself, but rather allow Alliance Group Limited to represent ACC’s interests as well as their own. The Court accepts that position. Background [3] T...

6. IPT-Annual-Report 2022 -2023 [pdf, 416 KB]

   ...progress in achieving its statutory objective of expeditious despatch of business. Over the 2022-2023 year, the average age of cases on hand as at 30 June 2023 was 187 days (down from 226 days the previous year). Deducting the deportation (resident) files which the Tribunal has had to ‘hold’ because deportation liability was suspended by the Minister, the age was 123 days (as against 145 days in 2021-2022). The average length of time to make a decision was 242 days and the aver...

7. Van der Westhuizen v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 190 (25 November 2024) [pdf, 265 KB]

   ...sport, and was very apprehensive about motion in every direction. 3 [9] On 6 April 2019, Mr van der Westhuizen was tackled while playing rugby and sustained an injury to his neck and head. [10] On 15 April 2019, Dr Matthew Gentry, GP, filed an ACC injury claim form for Mr van der Westhuizen, with a diagnosis of right neck sprain and concussion, with the date of accident being 6 April 2019. On 18 April 2019, the Corporation accepted cover for the claimed injuries. [11]

8. Ratnam v Accident Compensation Corporation (Deemed cover) [2025] NZACC 53 (27 March 2025) [pdf, 260 KB]

   ...[3] On 3 November 2022, Ms Ratnam sustained an injury while exercising at a gym. She was doing an incline leg press but the weight was too heavy and it came down causing a hyperflexion of her hips. [4] On 14 December 2022, Dr Joanne Gao, GP, filed an ACC injury claim form for Ms Ratnam for a right hip/thigh sprain sustained on 3 November 2022, when Ms Ratnam was “deep squatting with weights, sudden onset right hip pain”. Ms Ratnam was certified unfit for 14 days from the date...

9. Tatai v Woodman - Waimahana D No3B Section 1 (2024) 282 Taitokerau MB 106 (282 TTK 106) [pdf, 318 KB]

   ...and occupation of the dwelling will be settled. [23] It is not clear what happened to these applications. Ultimately, the transfer of shares and occupation order were not granted. What further evidence is there of this tikanga? [24] Ms Woodman filed affidavits from Marlene Ransfield and Maria Riwhi to support this tikanga. 282 Taitokerau MB 116 [25] Ms Ransfield did not give evidence in person. She could not be questioned on her evidence. This affects the weight I can...

10. Otene – Tauhara Māori Reservation (1977) 58 Taupo MB 168 (58 TPO 168) [pdf, 1.7 MB]

    ...July 1976 that the matter first came be~ore me for a full hearing and determination. To some extent it is a continuation of earlier proceedings that have not been finally determined, but counsel for the applicant concedes that the application now filed is not an amended pleading but a fresh application whereby the earlier application (No.14120) is consequentially abandoned. Nonetheless, to expedite matters and avoid some tedious repetition, and because the proceedings on the earlier app...