Search Results

1. Lealaiauloto-Saofaileta v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 209 [pdf, 257 KB]

   ...been complete loss of function following a carpal tunnel operation. [63] She submits that the appellant had an operation. He did not know he was having 25 per cent hand function loss and now has a permanent chronic problem. [64] Ms Tucker seeks costs. The appellant is legally aided. Decision [65] The two issues to be determined are whether the appellant’s 2014 carpal tunnel release surgery caused a physical injury which was a treatment injury and whether the appellant gave i...

2. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...satisfied that Mr Austin’s use of Roaccutane had resulted in his skeletal hyperostosis and that this would not be an expected or ordinary outcome of treatment. (b) Mr Austin accepted funding for his surgery, physiotherapy and consultation costs, backdated weekly compensation of $159,548.60, and weekly compensation of $1553.91 until he reached superannuation age in 2017. (c) Mr Austin did not pursue any review options to challenge the Corporation’s acceptance of his claim...

3. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ..._______________________________________________________________ 2 A: The Environment Court does not have jurisdiction to make declarations two, three and four as sought. B: A judicial conference will be held to discuss the way forward in relation to declaration one. C: Costs are reserved. REASONS Introduction [1] The Environmental Defence Society Incorporated (‘EDS’) has applied for the following (amended) declarations pursuant to s310 of the Resource Management Act...

4. Mehrtens v Accident Compensation Corporation (Revocation, Suspension) [2023] NZACC 8 [pdf, 287 KB]

   ...satisfied the Court that its decision of 23 February 2021 suspending the appellant’s weekly compensation on the basis that she did not have cover for post-concussion syndrome, was correct. [121] Accordingly, the appeal is dismissed. [122] Costs are reserved. Any memoranda in respect of costs are to be filed within one month. CJ McGuire District Court Judge Solicitors: Claro, Wellington

5. Howell v Accident Compensation Corporation (Personal Injury) [2023] NZACC 85 [pdf, 347 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 85 ACR 193/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN NATASHA HOWELL Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 5 April 2023 Heard at: Christchurch/Ōtautahi Appearances: Mr I Stryder, Advocate for the Appellant Mr I Hunt for the Respondent Judgment: 2

6. Barcello v Barcello - Succession to Mary Barcello (2024) 91 Te Waipounamu MB 77 (91 TWP 77) [pdf, 329 KB]

   ...2 from Mary Barcello in John Sidney Barcello, solely; and (c) section 165 vesting 0.368405 shares in Gore Blk XVIII Sec 90B 2 from Mary Barcello in Owen Leonard Barcello, solely. [62] If John and Owen wish to make submissions in relation to costs then such submissions are to be filed within 2 weeks of this judgment being distributed to them. Mark and Sharon will have two weeks after that to respond. I whakapuaki i te 12 pm i Otautahi, i te rua tekau ma waru o ngā rā o Whir...

7. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

   ...injury suffered on 14/8/1980. ACC have been unable to determine a causal link between the treatment and the claimed mental injury. Unfortunately, this means that we are unable to provide cover for your claim, and we aren't able to help with the cost of treatment or other support for your mental injury. [24] A review application was filed on 12 May 2021. [25] On or around 9 July 2021, CW was again referred to Dr Newburn who provided a further report for the review dated 9 De...

8. [2012] NZEmpC 216 Q v W [pdf, 110 KB]

   ...have been futile for the Court to have continued to order suppression. [33] In all these circumstances I considered it would be futile to continue the interim suppression order and that is why I lifted it. [34] At the request of the defendant costs are reserved. B S Travis Judge Judgment signed at 3.15pm on 14 December 2012 8 At [23]. 9 HC Wellington CIV-2007-485-1333, 9 June 2009.

9. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

   ...disclosed a concerning casualness over the handling of client monies. We imposed penalty orders suspending the defendant’s salesperson’s licence for three months and ordering that he repay the funds retained to his former principal and pay $1,000 costs. [15] Ms Paterson puts it to be particularly significant that we found that Mr Morton- Jones exhibited a lack of honesty in operating his property management business. [16] In CAC v Gollins [2015] NZREADT 2, we considered the case...

10. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

    ...the block in the amount of $9,537.37. 3 At the same time an order was made appointing an agent for the block for the purpose of arranging a suitable lease or licence for the benefit of the owners and to negotiate with RDC for the payment of the costs owing on the land. The charging order was to remain in force until discharged by the Court and the appointment of agent was to continue for a period of 10 years after which time an application could be made to the Court for further app...