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1. [2021] NZACC 120 - Hoeberechts v ACC (3 August 2021) [pdf, 199 KB]

   ...Compensation Corporation [2004] NZACC 284 and Robinson v Accident Compensation Corporation [2008] NZACC 121, the principles underlying a challenge to an independence allowance assessment are well settled including: • It is not for the Court to form an opinion as to whether or not the AMA guides have been correctly applied - this is the province of duly qualified medical practitioners. The Court must rely on the evidence of medical practitioners in this regard. • To succeed i...

2. [2024] NZEmpC 27 Breen v Prime Resources Company Ltd [pdf, 210 KB]

   ...While it is correct that that High Court Rules incorporate provisions relating to costs, it does not follow that those provisions apply in this Court. … [6] The wording of reg 6(2)(a)(ii) is clear: where any case arises in which there is no form of procedure under the Employment Relations Act 2000 or the Regulations, the Court must dispose of the case as nearly as may be practicable in accordance with the provisions of the High Court Rules affecting any similar case. If there is...

3. French v Accident Compensation Corporation (Causation and Entitlement to Surgery) [2023] NZACC 212 [pdf, 243 KB]

   ...reconciled with the contemporaneous medical notes. Appellant’s Submissions [35] In his submissions to the Court, the appellant was adamant that his condition all relates back to the 1974 accident and that two neurosurgeons support him in this. He requests that surgery funding be granted immediately, given his present discomfort, and he notes that surgery would not happen until March next year. [36] He submits that ACC is in breach of its obligations under the ACC Act. Respond...

4. Wiringi v Accident Compensation Corporation (Social Rehabilitation) [2023] NZACC 211 [pdf, 228 KB]

   ...provided in 2017 was impounded and not recovered by Mr Wiringi. The vehicle was de-registered in 2019. [9] Mr Wiringi asked the Corporation to provide him with another vehicle. On 1 June 2021, an ACC technical specialist reviewed Mr Wiringi's request. She concluded that the vehicle provided in 2017 would have continued to meet Mr Wiringi's social rehabilitation needs, and therefore the Corporation had met its obligations under the Act. Another technical specialist co...

5. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

   ...trivial, but noted that it was a one-off event caused by a mistake and was at the lower end of the spectrum. [34] As for the alleged failure to return all documents to the complainant, it was Mr Guich’s recollection that the complainant never requested a full copy of her file. The complainant had told him that she had a short, free meeting booked with a lawyer at the Citizens Advice Bureau. During their meeting, they agreed that, in order to make the best use of the short amount...

6. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [pdf, 125 KB]

   ...future applications. Her interim visa had expired and she would be liable for deportation from 9 September 2017. [18] Following the decline, the complainant’s stay in New Zealand became unlawful. [19] On about 4 October 2017, Mr Joseph filed a request for a visa under s 61 of the Immigration Act 2009 on behalf of the complainant (Minister’s discretion to grant a visa to a person unlawfully in New Zealand). The explanation as to the genuineness of the employment agreement was r...

7. LCRO 20/2017 AP v RE (20 December 2018) [pdf, 243 KB]

   LCRO 20/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN AP Applicant AND RE Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr AP has applied to review a decision of the [Area] Standards Committee [X] (the Committee), in wh

8. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

   ...unjustified disadvantage and unjustified dismissal on the following basis: [80] I have taken a global approach to an assessment of compensation for humiliation, loss of dignity, and injury to feelings associated with Mr Robinson’s personal grievance claims. This is because the actions associated with findings that he was unjustifiably disadvantaged form an integral part of the factual matrix which leads to my finding that he was unjustifiably dismissed. [50] The grievance th...

9. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

   ...identified any failing by that lawyer material to whether an extension of time should be granted for a delay of 33 years. Nor is the Authority, as a tribunal, in any position to compel a lawyer to act for a party nor 8 can it refuse a request to withdraw, except perhaps in the face of an imminent hearing. [36] In his submissions to the Authority of 28 May, Mr Adams refers to various earnings figures for 1977 and 1978. I have not been sent any corroborative documents....

10. [2017] NZEmpC 24 Tradefog Global Co Ltd v Bartholomeusz [pdf, 177 KB]

    ...distinguished between a determination that was procedural and one that was substantive. The Court noted that a key indication of whether a determination was substantive was whether it affected the remedies sought by the parties or otherwise formed part of the resolution of the employment relationship problem. 19 Conversely, a procedural determination directed the manner in which the employment relationship problem between the parties was resolved or would “determine the envi...