Search Results

1. MacNaughtan v Accident Compensation Corporation (Application for Leave) [2024] NZACC 33 [pdf, 247 KB]

   ...not used Isotretinoin, meaning that it could not be said “that the only reason Mr MacNaughtan is suffering with OCD, is because of his treatment”. Mr MacNaughtan appealed to the District Court. [17] On 15 November 2021, Professor Bremner filed a further report. [18] On 6 October 2022, Dr Patrick Daniels, Psychiatrist, stated that there is no established causative association between Isotretinoin and the development of OCD. However, Dr Daniels noted that there is a strong temp...

2. Stryder v Accident Compensation Corporation (Interest on backdated weekly compensation) [2024] NZACC 124 (24 July 2024) [pdf, 184 KB]

   ...set out how the Corporation would calculate Mr Stryder’s weekly compensation payments going forward. [9] On 21 April 2021, Mr Stryder applied for a review of the Corporation’s most recent payment notification. He advised also that he would file a review application weekly, unless the Corporation altered its weekly compensation calculation method. [10] On 22 April 2021, Mr Karl McKeay of the Corporation determined that the Corporation should alter its method for calculating th...

3. MW v Accident Compensation Corporation (Independance Allowance) [2022] NZACC 207 [pdf, 239 KB]

   ...the claimant's independence allowance should be backdated to the date on which the claim for mental injury had been lodged. Discussion [43] There is no doubt after the accident of 2000, the appellant was let down by his GP who did not file a claim for the back injuries when he first presented with those injuries. [44] The claim for cover for the back injuries caused by the 2000 accident was lodged eight years later in 2008. However, there was no contemporaneous evidence...

4. 2023-09-26-Evidence-of-Siiri-Wilkening-Noise.PDF [PDF, 255 KB]

   ...was dated 28 April 2023 (“s198D Report”). [3] In my s198D Report, I reviewed the noise and vibration aspects of the NoRs. [4] I confirm I have the qualifications and experience set out at paragraphs 7 - 10 of my s198D Report. [5] Since filing my s198D Report I have reviewed the evidence of Waka Kotahi and participated in expert conferencing on noise and vibration matters. The output of that conferencing was a joint witness statement dated 27 July 2023 (the “Noise and Vib...

5. 2023-09-26-Evidence-of-Graeme-McIndoe-Urban-Design.PDF [PDF, 818 KB]

   ...projects (including convening VUW School of Architecture’s 4th year architectural design course over the period 2000-2008); and d) assessment of the design quality of various projects for consent and Environment Court evidence. [5] Since filing my s198D Report I have reviewed the evidence of Waka Kotahi and participated in expert conferencing on Urban Design. The output of that conferencing was a joint witness statement dated 27 July 2023 (the “Urban Design JWS”). I confi...

6. 2023-09-26-SOE_James-Lambie_Terrestrial-Ecology.pdf [pdf, 222 KB]

   ...Kotahi, dated 4 July 2023; (b) The joint witness statement of planning experts dated 10, 11 and 14 August 2023; (c) The joint witness statement of landscape, visual and natural character experts dated 27 July 2023; and (d) The conditions filed by Waka Kotahi on 4 September 2023 (Waka Kotahi conditions). D. OUTSTANDING ISSUES [9] On review of the issues in dispute arising from my s87F Report, the JWS terrestrial ecology, and the documents listed in paragraph [9] above, I am...

7. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   ...obtained. He confirmed that the vendor remained a client of the firm. The practitioner further confirmed that he applied to the Department of Building and Housing for a determination on the council’s decision not to issue a CCC but that this was not filed until 18 May 2009. He stated that he considered the leaks in the building were due to guttering maintenance problems which would be addressed by the complainant herself. [7] The practitioner confirmed that at a meeting in 2008...

8. Wahabi v Accident Compensation Corporation (Incapacity/Backdated weekly compensation) [2023] NZACC 174 [pdf, 207 KB]

   ...questions, please get in touch with me using the contact details below. [50] The letter also outlines what Mr Wahabi could do to have the decision reviewed. [51] The next advice from the Corporation appears to have been in early June 2022. The file note includes the following: I advised that if he were to get a further medical certificate, then this would be classed as an investigation, we would need further notes and guidance and if he were eligible, then I would be putting in a...

9. [2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector [pdf, 269 KB]

   ...(2020) 25 PRNZ 341 at [19]. [37] In weighing the competing factors, regard will be had to the balance of convenience. Overarching consideration will then be given to the overall interests of justice. Analysis [38] The plaintiff has filed an application in relation to two orders. The first order made by the Authority was a compliance order where it was stated:16 [The plaintiff] … must …comply by no later than 30 calendar days from the date of this determination wi...

10. [2025] NZLCDT 12 Auckland Standards Committee 4 v O'Boyle (10 March 2025) [pdf, 203 KB]

    ...appropriate penalty orders? [3] Ms O’Boyle acted for a friend who sought urgent day to day care of his child. This was based upon allegations that the child had complained that the child’s mother was violent to the child. Ms O’Boyle drafted and filed evidence that recited disclosures allegedly made to the father, the grandfather, and an unnamed “friend”. The unnamed “friend” was Ms O’Boyle. The proceedings were contentious. By referring to herself in the documen...