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1. Reece v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 226 [pdf, 216 KB]

   ...Judgment: 30 November 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Weekly compensation – s 103, and Personal injury caused by physical injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] The following appeals have been filed: (a) ACR 225/19: an appeal from the decision of a Reviewer dated 24 June 2019. The Reviewer dismissed an application for review of the decision 2 of WellNZ dated 12 September 2018, advising that it was unable to continue with M...

2. [2022] NZACC 107 - Carmichael v ACC (7 June 2022) [pdf, 225 KB]

   ...remitted back to the Corporation to ascertain the exact period of incapacity and the amount of compensation involved. [54] Mr Carmichael is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Appellant: Schmidt and Peart Law. Solicitors for the Respondent: Young Hunter.

3. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

   ...[54] This appeal is therefore allowed, and the review decision of 11 January 2021 is set aside. [55] Mr Jamieson is entitled to costs and/or disbursements. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Corporation: Medico Law.

4. [2023] NZEmpC 145 Robertson v IDEA Services Ltd [pdf, 280 KB]

   ...in s 103A(2) of the Act. Conclusion [84] The challenge to the Authority’s determination is unsuccessful and is dismissed. [85] Costs are reserved. The parties are encouraged to agree on costs but if that is not possible memoranda may be filed. K G Smith Judge Judgment signed at 4.30 pm on 1 September 2023

5. [2021 NZACC 149 – Garside v ACC (30 September 2021) [pdf, 276 KB]

   ...08/07/1991 (except for a bipartite patella, which is a developmental variation). There was no evidence of fractures, subluxations, dislocations, soft tissue swelling, hemarthrosis or any other acute injuries on that X-ray report. The ACC physical file was apparently destroyed, and no further information was available. The first possible mention of this event was in Dr Russell General Practitioner’s 16/09/2016 referral to the Orthopaedic Department in which he noted “PHX2 of mo...

6. Tutt v Accident Compensation Corporation (Deemed Cover) [2023] NZACC 72 [pdf, 274 KB]

   ...the respondent’s decision of 8 September 2021 revoking deemed cover for sciatica and disc protrusion is wrong and is hereby reversed. [90] Accordingly, the appeal is allowed. [91] Should there be any issue as to costs, Counsel have leave to file memoranda in respect thereof. CJ McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Medico Law Limited, Grey Lynn

7. National Standards Committee 2 v Mr Q [2023] NZLCDT 14 (2 May 2023) [pdf, 213 KB]

   ...enable Mr Q’s current firm to adjust for the suspension order, it will take effect on 16 May 2023. Should we order compensation? [47] Victim A does not seek compensation for emotional harm. We should respect her stance. [48] Victim B has filed a victim impact statement, the contents of which we permanently suppress. We accept her statement. The effect of the conduct on her directly and the consequent issues require compensation for emotional harm under s 156(1)(d). Mr Q ac...

8. [2024] NZEnvC 073 Diamond Creek Farm Limited v Waikato District Council [pdf, 14 MB]

   ...s42A report author and rejected the relief sought in DCFL’s submissions. [5] On 23 February 2022, DCFL appealed the Decision seeking the Decision be overturned and the Property be rezoned to RLZ. Agreement reached [6] Since the appeal was filed, the parties have engaged in direct discussions and have reached an agreement to rezone the Property to RLZ and apply a precinct over the Property to guide development within the precinct. This agreement would fully resolve DCFL’s a...

9. [2024] NZEnvC 080 Digital Signs Limited v Auckland Council [pdf, 282 KB]

   ...interaction of effects and any cumulative effects, can be identified and assessed in the context of the environment.13 It is the overall use that must be identified.14 The separation of the domes from the displays would, on the face of the documents filed with the application, be an artificial basis for any assessment. Further, it would likely hinder the Council’s duty to observe and enforce the AUP, as required by s 84 of the RMA, to allow the domes to be erected as a permitted a...

10. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

    ...can be adequately determined in the absence of the parties. The parties have agreed to this course of action. [24] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessitate any further submission from either party. On the basis of the information available, I have concluded t...