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1. LR v Accident Compensation Corporation (Claim for overseas rehabilitation costs) [2023] NZACC 29 [pdf, 183 KB]

   ...America. 2 Background [2] The appellant was born in September 2017. His birth was in traumatic circumstances, leaving him with disability later classified as 98%. His twin died in utero. [3] On 11 October 2017, a treatment injury claim was filed on the appellant’s behalf. The claim was for “brain injury, skin injury, kidney injury” and related to an alleged delay in obstetric care. The claim was lodged on the basis that there had been a failure to recognise and t...

2. Murphy v ACC (Leave to appeal to the High Court) [2024] NZACC 71 [pdf, 210 KB]

   ...difference to the injury outcome. [5] The matter proceeded to a Tribunal review where the Corporation’s decision was upheld based on no identifiable failure in provision of treatment by the GP being sufficient to dispose of the matter. Mr Murphy filed an appeal against the review decision. [6] On 14 December 2023, Judge Henare dismissed the application for review. [7] On 29 December 2023, Mr Murphy filed an application for leave to appeal against the judgment of Judge Henare....

3. MOJ0217.4E_OCT21_WEB.pdf [pdf, 353 KB]

   ...office unless they are removed by order of the MLC. A trustee may resign sooner if they wish, or may be removed by the MLC if it considers this to be necessary after hearing relevant evidence. Usually, an application for a trustee’s removal is filed by the trustees or the beneficiaries. In terms of Regulation 3(h), any trustee removed by the MLC should not later be reappointed as a trustee for the same reservation (removal by the Court is a disciplinary matter). POWERS OF THE TRUSTEES...

4. [2023] NZEmpC 209 Osborne v Callaghan Innovation [pdf, 239 KB]

   ...Protected Disclosures Act. [33] The determination listed six matters to be addressed. The first five of them were put aside for subsequent investigation. The sixth matter was described in the following way:11 [1] In February 2021 David Osborne filed a statement of problem alleging: (a) … (f) breaches of how the Respondent managed and responded to the Applicant’s disclosures he made as a protected disclosure. [34] Subsequently, at the point in the determination where it p...

5. [2024] NZEmpC 236 Devine v Heart Kids NZ Ltd [pdf, 204 KB]

   ...issue. Given that there was no material disagreement over what happened, they proposed that it could be dealt with in a preliminary way with evidence by affidavit and an exchange of submissions. Directions were made accordingly. Affidavits were filed. Neither party gave notice seeking to cross-examine and the submissions were therefore based on uncontested evidence. What happened? [9] Heart Kids is a registered charity, providing care and support for children, young peop...

6. [2024] NZEmpC 220 Very Nice Productions Limited v Ormond [pdf, 200 KB]

   ...For example, there are discrepancies between the time allocations claimed in her estimate and the allocations set out in the Court’s Costs Guideline Scale. The estimate refers to costs for a stay application, but no stay application has been filed, and there is no indication that such an application is likely, so inclusion of steps for that is speculative. It also refers to obtaining judgment without appearance. However, the Court’s Costs Guideline Scale does not provide for...

7. Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 69 [pdf, 252 KB]

   1 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Ms Wild filed her statement of claim alleging the Ministry for Primary Industries (MPI) interfered with her privacy on 23 June 2021. Ms Wild’s claim alleged MPI breached 1 This decision is to be cited as Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 69. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 69 I TE TARAIPIUNARA MANA TANGATA Reference No. HRRT 046/2021 UNDER THE PRIVACY ACT 2020 BET...

8. Davies v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 185 (19 November 2024) [pdf, 298 KB]

   ...artery occlusion and ischaemia causing necrosis and infection. [6] On 10 January 2022 the Corporation accepted cover for post-operative wound infection requiring left above knee amputation. [7] On 18 July 2022 Mr Davies', GP, Dr Harriet Gray filed an ACC554 medical certificate with the Corporation referring to “A K amputation” and certifying this as permanent and stable. Mr Davies then sought entitlement to a lump sum payment. [8] In a paper-based assessment on 3 Septemb...

9. [2008] NZEmpC WC 18/08 Arthur D Riley & Co Ltd v Wood [pdf, 67 KB]

   ...private/personal use and is not to be used for recreation or “surfing” during either work time or outside working hours. 5. Employees are not authorised to access, download, upload, save, request, transmit, store or purposely view material, software or files, that are not for work or associated research purposes. 6. Employees are not authorised to access, download, upload, save, request, transmit, store or purposely view sexual, pornographic, obscene, racist, profane or other off...

10. [2009] NZEmpC CC 12/09 Service & Food Workers Union v Sanford Ltd [pdf, 65 KB]

    ...Mistakes Act 1977.” [3] Because of the pleading of mistake the parties were able to lead evidence of their subjective intentions during the negotiations, which would have been inadmissible if the matter was restricted to the dispute as originally filed, being one of interpretation of a collective agreement. [4] There was no issue between the parties as to the principles of interpretation that must apply. Although the parties’ subjective intentions cannot be used as an aid to...