Search Results

1. 2022-02-11 ORC - MOC - in support of the provisions as agreed at mediation [pdf, 247 KB]

   ...parties in attendance at mediation in relation to all of the above provisions of Chapter 7. 5 As a result of agreement at mediation an additional new policy, New Policy 7.4.11A, is proposed to be included in Chapter 7. 6 This joint memorandum is filed in support of the agreed provisions of Chapter 7. 2 Parties 7 There are 15 persons who gave notice of their intention to become a party to the PC1 proceedings under section 274 of the RMA. Of these 15 parties, 12 partie...

2. [2022] NZACC 31 – Rigney v ACC (9 March 2022) [pdf, 261 KB]

   ...Corporation [2003] NZACC 101. 2 Rameka v Accident Compensation Corporation [2013] NZACC 219. 3 Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1, [2010] NZFLR 884, (2010) 28 FRNZ 483 at [32]. Further Submissions of the Appellant [29] Mr Carlyle filed further submissions dated 28 January 2022. [30] Mr Carlyle submits that in substance, the issue is the difference in cost between what ACC is paying, and the cost at Glenbrae Rest Home ($565 per week) operating under the Resident...

3. Application-to-provide-legal-aid-ServicesV21.8.pdf [pdf, 2 MB]

   ...Percentage you provided % % % % % Supporting document index For each case example you should provide copies of relevant important documents (for example, submissions) that demonstrate your involvement. You do not need to provide your whole file. Please list the documents provided and a brief description of your involvement. No. 1 Type of document For example, Statement of claim Your involvement For example, I drafted most of this document When to use this form Complete and att...

4. [2022] NZACC 139 - Rawson v ACC (20 July 2022) [pdf, 260 KB]

   ...their separate accounts that suggests concoction. [60] I therefore find that on the balance of probabilities the accident occurred and that the appellant is entitled to cover. The appeal is therefore allowed. [61] The parties have leave to file memoranda relating to costs should the need arise. Judge C J McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Medico Law, Grey Lynn

5. Kumar v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 034 [pdf, 186 KB]

   ...blood loss. … The results of the blood group and antibody screen will determine which specific blood components are selected for any individual patient. The results of pre-transfusion testing will be entered into the patient’s e-Traceline file and transferred to the hospital electronic health record. There is no possibility of a patient contracting hepatitis C as a consequence of this testing. … [DK’s] haemoglobin post-operatively on 13/01/2015, measured using a blood g...

6. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...him to have engaged in unsatisfactory conduct. [17] In terms of personal mitigating factors, it is acknowledged by the Committee that Mr Sheldon accepted his behaviour amounted to unsatisfactory conduct in advance of the hearing and before he filed his evidence. It is further acknowledged he was undergoing personal and health difficulties around the time of the relevant conduct, though this does not excuse his conduct. Finally, he has voluntarily undertaken additional training...

7. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...witnesses to give evidence. [41] Ms Sun’s response on penalty indicated she only had limited funds available and was in no position to pay the financial penalty proposed by the Committee. On 26 May 2023 Ms Sun, at the invitation of the Committee, filed a memorandum responding to the Committee’s submissions as to costs which attached some further financial information. Ms Sun is not currently employed, she says she has no assets, she lives in [Country] with her mother who suppo...

8. Leaf v Accident Compensation Corporation (Claim for loss of potential earnings) [2024] NZACC 59 [pdf, 172 KB]

   ...review. The Reviewer found that Mr Leaf did not prove that the cause of his incapacity after 2010 was related to his covered injuries, and, instead, his incapacity for employment is causally related to non- covered, co-morbid pathologies. Mr Leaf filed a Notice of Appeal on 17 January 2022. 7 [32] On 6 May 2022, Dr Kumar provided further comment after reviewing the reports from Drs Douglas and Prestage. Dr Kumar confirmed that Mr Leaf stopped work in 2010 due to osteoarthri...

9. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...has not done so. It is critical of the nature of her submissions, pleadings and evidence, and the positions that have been taken in relation to both applications. [51] It is fair to say that the plaintiff’s submissions and the documentation filed in relation to these applications include significant material that is irrelevant to the matters at issue at this point. I do not consider that this is an issue of good faith. Rather, I consider that this issue arises as a result of th...

10. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [pdf, 226 KB]

    ...to revoke it in s 108(2) of the Act. [32] However, the purchaser has sought more than just the revocation of the prohibition against publishing certain names. She additionally seeks permission to publish all submissions and supporting evidence filed by any party. While the Tribunal is not expressly empowered to give such consent, it infers that the power to prohibit publication incorporates the power not to prohibit, or in other words to give consent. Furthermore, the Tribunal has...