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1. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

   ...He was informed that the complaint by Ms Short was still to be investigated. The letter advised him that a complaint he had made concerning being stressed about work events would be investigated. Mr Hickey had requested a copy of a form he had filed relating to health and safety through NZQA’s intranet and one was provided with the letter. [37] At the time the 2 December 2021 letter was written the term of the employment agreement had about three weeks to run. It was proposed t...

2. [2022] NZEnvC 119 Mangawhai Harbour Restoration Society Inc v Northland Regional Council [pdf, 1.7 MB]

   ...Topic 9 Land use and disturbance activities of the Proposed Regional Plan for Northland (Proposed Plan). [2] The Court also made an interim decision on 3 June 2021 on the Topic 7 and 9 provisions that were heard in September 2020.1 The parties filed a memorandum outlining their final preferred provisions and reasons on 6 August 2021. The determination of the final provisions was pending the Court’s final decision, including the Court’s determination on the definition of “īnan...

3. [2021] NZACC 156 - Holton v ACC (4 October 2021) [pdf, 380 KB]

   ...light duties from 24/09/04, which he reports to be coping appropriately at present. He is a sensible gentleman who acknowledges that pushing matters at this stage will only exacerbate injury symptoms and delay overall recovery. [47] An ACC file note dated 4 October 2004 recorded that the appellant had completed 12 sessions with Kumeu Physiotherapy with the treatment focus mainly on improving his right lumbar and thoracic spine discomfort. He was also to discuss with his GP, fur...

4. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

   ...Weekly Compensation Assessment issued to you on 24 August 2016 confirming these calculations. I have also included a copy of the ACC 206 form and ACC’s letter dated 01 September 2016 for your reference. Agreed facts [4] The parties have filed an agreed statement of facts, reproduced as follows: • Mr Haugh suffered an injury to his back in January 2015. • On 21 February 2015 the Corporation issued a weekly compensation decision, on an interim basis, advising Mr Haug...

5. [2021] NZACC 98 – Newman v ACC (6 July 2021) [pdf, 314 KB]

   ...tears, I find it is more likely that Ms Newman’s rotator cuff tears occurred gradually due to non-accident factors. I therefore confirm Progressive’s decisions to decline cover and I dismiss the applications for review. [22] An appeal was filed and consequent to that the Clinical Advisor Panel (‘CAP’) provided comment for ACC on 2 September 2019. The CAP agreed with Dr Burgess that the pathology present in the shoulder was likely pre-existing, rendered symptomatic in the...

6. [2021 NZACC 134 – Western v ACC (17 August 2021) [pdf, 386 KB]

   ...degenerative and slow onset origin. In this case I think it most likely that Mrs Western’s lower back pain is of mechanical origin, and reflects abnormal postures or changes following the development of right hip pain. … I found no evidence on file or during my assessment of Mrs Western to conclude that any of her current incapacity is injury related. In this case, the fact that she reports developing back pain some considerable time after the event and in the presence of...

7. [2023] NZREADT 14 - CAC 2107 v Sheldon (13 June 2023) [pdf, 156 KB]

   ...(disgraceful conduct and wilful/reckless contravention of r 6.3) are dismissed. [72] Mr Sheldon is guilty of unsatisfactory conduct. [73] The penalty orders will be determined on the papers. The Committee’s written submissions are to be filed and served by 5 July 2023. Mr Sheldon’s submissions are to be filed and served by 19 July 2023. [74] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High C...

8. Williamson v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 002 [pdf, 356 KB]

   ...2022, Mr Evans said that had had wished to draw the court’s attention to the case of Slight v ACC [2017] NZHC 2716. At the same time he provided a copy of the decision to Mr Williamson. [55] Mr Williamson was provided with the opportunity to file further submissions and did so on 30 January 2023. Decision [56] What is not in dispute on this appeal is that the appellant suffered a severe accident on 2 March 2017, resulting in a concussive head injury as a result of being impale...

9. Boyle v ACC (Deemed Cover, Weekly Compensation) [2024] NZACC 61 [pdf, 277 KB]

   ...of Mr Boyle’s appeal, and to assist the Court in its determination, the Corporation made a referral for further clinical comment from its Clinical Advisory Panel (CAP). On 18 October 2022, the CAP held a panel meeting to review Mr Boyle’s files. The CAP consisted of five Orthopaedic Surgeons, a General Surgeon, and an Occupational and Environmental Medicine Specialist. [30] On 10 November 2022, the CAP provided its comment. In response to the questions put to it by the Corpora...

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

    ...was allowed in the settlement statement for Mr RF’s interest in the property. 13 [62] However, I consider that it was reasonable in the circumstances for Mr TC to rely on Mr MB to approach him about any difficulties he was having with the file. Unsatisfactory conduct [63] Section 12(a) of the Lawyers and Conveyancers Act 2006 (the Act) defines unsatisfactory conduct as: conduct of the lawyer or incorporated law firm that occurs at a time when he or she or it is providi...