Search Results

1. [2021] NZACC 183 – Butler v ACC (16 November 2021) [pdf, 340 KB]

   ...2001, 27 November 2002, 7 September 2007, or 7 September 2012. Mr Butler applied to review the decision (review 4637090). [6] On 5 August 2016 Mr Woodhouse issued a decision in review 4637090. Mr Butler noted a number of peculiarities of the file. It was unclear that Mr Butler had made a claim for cover relating to the 11 February 2016 decision and it appeared that Corporation had issued the decision on its own initiative. Mr Woodhouse quashed the Corporation’s decision of 1...

2. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

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

   ...number of matters regarding the 84 Te Waipounamu MB 229 application with trustees of the Whānau Trust and with Ms Moat, the Te Tumu Paeroa representative in attendance. At the conclusion of the hearing I directed the Māori Trustee to file a memorandum clarifying its position in relation to the partition application. I subsequently granted several extensions and a memorandum on behalf of the Māori Trustee dated 19 December 2023 was filed. I directed that the memorandum be...

4. [2022] NZACC 4 – CJ v ACC (18 January 2022) [pdf, 219 KB]

   ...Field reported that he believed that the appellant was suffering from central neuro-sensitisation syndrome with a 13-year history of pain but with no evidence of any surgically treatable lesion. [25] On 29 June 2018, a treatment injury claim was filed for the appellant’s mental injury as a result of two unsuccessful epidural insertions on 8 October 2003. The claim form indicated that there had been foetal distress, leading to an emergency caesarean with two failed epidural attemp...

5. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2022] NZACC 218 [pdf, 215 KB]

   ...cause other than his or her employment. [33] Mr Schmidt, for Mr Jessup, submits as follows. Section 30(4) of the Act is triggered by a claim being filed for cover for a Schedule 2 disease by the claimant’s GP, as occurred with Mr Jessup. In filing the claim, the GP must diagnose a Schedule 2 disease and record that the claimant was exposed to a substance listed in Schedule 2 through his or her work. The filing of the claim in this manner creates a presumption of cover. It is...

6. [2023] NZIACDT 22 - OT v Ramos (27 June 2023) [pdf, 150 KB]

   ...complainant’s losses and the other is punitive. In the unlikely event that the Tribunal determines them together, it is submitted that priority should be given to compensation for the complainant’s losses and future expenses. [32] Mr Foley filed further submissions (also dated 31 May 2023) with the Tribunal, responding to those of Mr Moses (31 May 2023) concerning compensation. [33] It is submitted that Ms Ramos is downplaying the emotional distress experienced by the compl...

7. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...Guideline Scale.19 Those costs ought to be able to be agreed. If that does not prove possible, APEX may apply for costs by filing and serving a memorandum within 20 working days of the date of this judgment. Te Whatu Ora is to respond by memorandum filed and served within 15 working days thereafter, with any reply from APEX filed and served within a further 5 working days. Costs then will be determined on the papers. J C Holden Judge Judgment...

8. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

9. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...matter can proceed on the papers, and have advised Ms Deans [counsel for the Corporation] of this in the past. She is agreeable of this, when I spoke to her in the past. There is no need to have a hearing. [27] On 18 December 2020, the Corporation filed a bundle of documents and sent a copy of the bundle to Mr Erwood with the letter advising: As you may be aware, the Court has decided to determine your appeal against ACC on the papers. This means that the Court will not convene a he...

10. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

    ...disc at C6/7.1 Mr Langston began receiving entitlements from 7 December 2009. [5] On 7 July 2010, the Corporation declined Mr Langston weekly compensation for the period from 1 July 1981 to 31 March 1990. The decision referred to the delay in filing the claim for cover until 2003, which prejudiced the Corporation’s ability to obtain verifiable information as to earnings and not being able to monitor and verify Mr Langston’s incapacity. Mr Langston applied to review this deci...