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1. McDonald v Accident Compensation Corporation [2015] NZACA 14 [pdf, 207 KB]

   ...decision of 3 September 2008). She found him credible. He said that following the amputation, he was in extreme pain and could not use the artificial leg. Mr Allen, the amputating surgeon, told him the problem must be the artificial leg and an Auckland surgeon told him it was “in his head”. Before the revision surgery, Mr McDonald said he was in agony with every step but after the surgery, the pain was alleviated. Contemporary medical evidence [13] Mr Allen, the orthopa...

2. Nedelcu v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 191 [pdf, 339 KB]

   ...ACR 168/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GABRIEL NEDELCU Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 8 May 2023 Heard at: Auckland Appearances: B Hinchcliffe for the appellant I Hunt for the respondent Judgment: 27 November 2023 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE I C CARTER [Suspensi...

3. KN v Accident Compensation Corporation (Cover and Suspension of Entitlements) [2025] NZACC 24 (12 February 2025) [pdf, 318 KB]

   ...legal position in relation to the Corporation’s ability to suspend entitlements under s 117(1) is summarised by Judge Barber in the decision of Furst:6 5 R J Castriotta and J M Murthy, Division of Pulmonary Critical Care and Sleep Medicine, University of Texas Science Centre, Houston, Texas, USA – CNS drugs 2011: 25(3): 175-185. 6 Furst v Accident Compensation Corporation [2011] NZACC 379. [12] Pursuant to s.117(1) of the Accident Compensation Act 2001 ACC may cancel a cl...

4. [2024] NZEmpC 198 Fredricsen and anor v Air New Zealand Ltd and Air New Zealand Ltd v Fredricsen and anor [pdf, 305 KB]

   ...employer’s decision to dismiss an employee was justified, the Court is often required to consider alleged disparities of treatment. 14 Matthes v New Zealand Post Ltd [1994] 1 ERNZ 994 (CA) at 997–998; see also Wiles v Vice- Chancellor of the University of Auckland [2024] NZEmpC 123 at [98]. 15 Tranz Rail Ltd v Rail & Maritime Transport Union (Inc) [1999] 1 ERNZ 460 (CA) at [26]. 16 At [27]. 17 At [27]. 18 Johnson v Chief of the New Zealand Defence Force [2019] NZEmpC...

5. [2025] NZEmpC 76 Vegepod NZ Ltd v Lowe [pdf, 291 KB]

   ...before it, Mrs and Mr Lowe would seek interim relief. [50] This prompted further correspondence from Mr O’Brien on behalf of the company, which included additional information and responses. Mr O’Brien advised 8 Vice-Chancellor of Massey University v Wrigley (2011) 9 NZELC 93,782; [2011] NZEmpC 37. that, in order to give Mrs and Mr Lowe one further and final opportunity to provide feedback, they could provide written feedback by 4pm on Friday 29 November and that a...

6. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   DOUBLE SIDED Decision No, C\ <; 1 12003 IN THE MATTER of the Resource Management Act 1991 IN THE MATTER of an appeal under section 120 of the Act BETWEEN CLIFFORD BAY MARINE FARMS LIMITED (RMA 172/03) THE DIRECTOR GENERAL OF CONSERVATION (RMA 103/01) FIDENDS OF NELSON HAVEN AND TASMAN BAY (INC) (RMA 114/01) Appellants MARLBOROUGH DISTIDCT COUNCIL Respondent BEFORE THE ENVIRONMENT COURT Environment Judge J R Jackson (presiding) Environment Commissioner C E

7. [2015] NZEmpC 122 Campbell v The Commissioner of Salford School [pdf, 631 KB]

   MARLENE CAMPBELL v THE COMMISSIONER OF SALFORD SCHOOL NZEmpC CHRISTCHURCH [2015] NZEmpC 122 [27 July 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 122 EMPC 280/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN MARLENE CAMPBELL Plaintiff AND THE COMMISSIONER OF SALFORD SCHOOL Defendant Hearing: 18 - 22 May and 28 May 2015 (heard at Invercargill) Appearances:

8. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   BAY OF PLENTY DISTRICT HEALTH BOARD v CULTURESAFE NEW ZEALAND LIMITED [2020] NZEmpC 149 [22 September 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 149 EMPC 49//2019 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority AND THE MATTER of a preliminary issue BETWEEN BAY OF PLENTY DISTRICT HEALTH BOARD Plaintiff AND...

9. D (D G Family Trust) v IAG New Zealand Ltd [2019] CEIT-2019-0037 [pdf, 605 KB]

   ...are to be recovered.34 30 Riveroaks Farm Ltd v Holland Beckett, above n 13 at [9]. 31 Riveroaks Farm Ltd v Holland Beckett at [10]. 32 Riveroaks Farm Ltd v Holland Beckett at [4] and [45]. 33 Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2013] NZHC 2824 at [27]. 34 Clearwater Cove Apartments Body Corporate 170989 v Auckland Council at [68] [32] Moreover, this Tribunal has recently considered whether to award costs where it was alleged that arguments without...

10. NZCVS 2024 Cycle 7 Perception of Safety [xlsx, 101 KB]

    ...NZDep2013 and Cycle 4 onwards uses NZDep2018. Disability In the report, disabled adults are defined using the Washington Group Short Set (WGSS) of disability questions. The questions ask if the respondent has experienced difficulties performing basic universal activities (walking, seeing, hearing, cognition, self-care and communication). Someone who reports “a lot of difficulty” with at least one of the six basic activities covered is defined as a disabled adult using this classification....