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1. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...with the knowledge that his father was being manipulated as he continues to be by Mr P. … This guy is a classic bully, manipulator, liar and a narcissist. … What should have been of note to the Complaints Committee is that before he filed anything with the Family Court he filed a complaint against me in a misguided attempt to intimidate and bully me. Given I have never been bullied in my life and those that know me well know exactly how much I detest and despise bullies and...

2. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

3. H Ltd v MN & KN [2023] NZDT 656 (8 November 2023) [pdf, 309 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

4. Estate of Pene-Ellis v Accident Compensation Corporation (Entitlements) [2022] NZACC 214 [pdf, 235 KB]

   ...accepted cover the following treatment injury: “Misplacement of internal jugular line and common carotid artery and aortic root, requiring sternotomy, with removal of intravenous line penetrating aortic root side right”. [8] On 5 August 2016, a file note records that Ms Pene-Ellis’ advocate contacted the Corporation and it was agreed and acknowledged by the branch support manager that: Once Mihi is released, we can send one of our assessors to her property to assess her needs....

5. Panchalingam v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 196 [pdf, 185 KB]

   ...coconuts, lime, lemons, cabbages, tomatoes so I didn’t know which box court my arm, back plates. But there was sharp pain in my arm on 27/9/13 and after that it went to back, legs. 3 [11] On 14 November 2013, Mr Panchalingam’s physiotherapist filed a request for prior approval for further treatment. The physiotherapy form provided the diagnoses of shoulder sprains and a lumbar sprain, and noted that the injury occurred “lifting a heavy box 30 to 40 kg hurt back and shoul...

6. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

   ...for a declaration of non-liability (which is only available for claims in contract). He clarified at the first hearing that he is willing to pay the $95.00 fee, but not the subsequent collection costs and interest claimed by Q Ltd. 4. Q Ltd filed a counterclaim against TB. The amount claimed in the application is $1,000.00, although NS (on behalf of Q Ltd) clarified that the claim is for $426.51 plus ongoing interest. Background 5. After KM received the breach notice, TB wrote t...

7. Mostafa v Accident Compensation Corporation (Cover Issues) [2023] NZACC 79 [pdf, 179 KB]

   ...and takes pain killers. [16] Under the heading “Examination”, Dr Walker recorded: … Good range free movement elbow and shoulder. [17] Aon New Zealand, in a letter dated 25 May 2018, declined cover “because the medical evidence on file has confirmed that you have not suffered a sprain elbow/forearm, but rather you have a non-injury condition of tennis elbow”. [18] This decision was quashed by the reviewer on 17 May 2019 and substituted with a decision that the appe...

8. Director of Proceedings v Xu [2023] NZHRRT 30 [pdf, 554 KB]

   ...Director of Proceedings v Xu [2023] NZHRRT 30 Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 30 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 27 June 2023 [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make orders by consent. The parties have filed: [2.1] A Statement of Claim dated 27 June 2023. [2.2] A...

9. Director of Proceedings v Te Whatu Ora [2023] NZHRRT 32 [pdf, 461 KB]

   ...Proceedings v Te Whatu Ora [2023] NZHRRT 32. Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 32 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 9 November 2022. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make orders by consent. The parties have filed: [2.1] A statement of claim dated 9 November 2...

10. Dunn v Accident Compensation Corporation (Strike out) [2024] NZHRRT 41 [pdf, 238 KB]

    ...Commission did not notify ACC of the complaint. The Commission 4 subsequently advised the Tribunal that it declined to offer mediation due to a lack of information pointing to victimisation under s 66 of the HRA.3 [18] On 14 July 2022 Mr Dunn filed this claim in Tribunal. [19] On 16 November 2022, ACC filed an application to strike out Mr Dunn’s claim. On the same day Mr Dunn filed a notice opposing the strike out application and, on 22 November 2022, Mr Dunn filed an am...