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1. [2022] NZACC 34 – Smith v ACC (10 March 2022) [pdf, 269 KB]

   ...reconsideration is not processed with expedition, is to return to the Court to seek further directions”). 14 [52] The decision of the Reviewer dated 19 November 2018 is therefore upheld. This appeal is dismissed. [53] I make no order as to costs. [54] The Court notes finally that, in the hearing, counsel for the Corporation stated that its offer remains open for Mr Smith to attend a psychiatrist, to assess whether or not Mr Smith has an identified mental injury and wheth...

2. [2022] NZACC 58 – Large v ACC (7 April 2022) [pdf, 261 KB]

   ...radiculopathy was not caused by the accident in October 2018 but was caused by longstanding degenerative changes. [51] The decision of the Reviewer dated 18 August 2020 is therefore upheld. This appeal is dismissed. [52] I make no order as to costs. P R Spiller District Court Judge Solicitors: Medico Law, Auckland, for the respondent

3. [2022] NZIACDT 24 - DA v Ji (20 September 2022) [pdf, 173 KB]

   ...communicated with Ms Liu. 14 SUBMISSIONS ON SANCTIONS [76] As the complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [77] A timetable is set out below. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Mr Ji’s previous disciplinary record will be taken into account. The parties are asked to address whether...

4. [2021] NZACC 139 - Van der Lee v ACC (17 September 2021) [pdf, 310 KB]

   ...cover for a tendon tear in her right elbow and is entitled to have funded surgery to treat this. Also, on the basis of her incapacity due to the lateral epicondylitis she is entitled to weekly compensation. [82] Should there be any issue as to costs the parties have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: Medico Law Limited, Auckland for the respondent

5. [2021] NZACC 159 – Hawkins v ACC (12 October 2021) [pdf, 184 KB]

   ...the purposes of s 15(3) of the Act being the appellant’s reasonable remuneration for the 2007 year was instead $46,823.40. Accordingly, for the foregoing reasons the appeal is allowed [68] Counsel have leave to file a memoranda in respect of costs should the need arise. Judge C J McGuire District Court Judge Solicitors: John Miller Law, Wellington for the appellant Young Hunter, Christchurch for the respondent

6. [2021] NZACC 185 – Jurisich v ACC (22 November 2021) [pdf, 340 KB]

   ...tear at L4/5 is reversed. Likewise, ACC’s decision of 8 February 2019 declining Mr Jurisich’s claim for weekly compensation is quashed. [90] Accordingly, the appeal is allowed. [91] Counsel have leave to file memoranda in respect of costs should this be needed. ACR 242-19-Jurisich Judgment Judge C J McGuire District Court Judge Solicitors: Henderson Reeves, Whangarei for the appellant Medico Law, Auckland for the respondent...

7. [2021] NZREADT 32 - Tapu ( 22 June 2021) [pdf, 266 KB]

   ...ignored the issue or been comfortable with buying the property if she had known of No. 105’s gang connection. She does not consider the property is safe for herself and her dogs, but she told the Tribunal that she cannot afford the increased cost of buying a replacement property, even if she could sell the property. [16] Ms Tapu accepted that Ms Drummond told her that she wanted a place that was safe and secure for her and her specialist dogs, and as a single middle-aged wom...

8. Tawa v Tuaropaki E Trust - Tuaropaki E [2022] Māori Appellate Court MB 377 (2022 APPEAL 377) [pdf, 326 KB]

   ...Decision [44] For the reasons outlined above, the appeal is dismissed pursuant to s 51(1)(g) of the Act. [45] We note that the appellant has received special aid, while the respondent has not. The respondent is, on ordinary principles, entitled to costs. While we are not encouraging an application, if the respondent wishes to make application they should do so by way of memorandum to be filed within 14 days of the date of this decision. The appellant will then have a further 10...

9. [2022] NZREADT 9 BT ST v REAA (12 May 2022) [pdf, 248 KB]

   ...which would warrant a referral by the Committee to the Tribunal pursuant to s 89(2)(a) of the Act. OUTCOME [82] The Appellants’ appeal is dismissed. The decision of the Committee is confirmed. 15 [83] The Appellants sought an order for costs in their favour. As their Appeal has been dismissed, there are no grounds for such an order. [84] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to...

10. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

    ...Manawatu’ (SO 11321). It more clearly shows large accretion areas abutting both ends of Parahaki. The elevated island area (shaded light green) as it appears on the earlier plans can be readily discerned. [17] There were issues surrounding survey costs. In 1928 the Commission of Crown lands ordered a survey of the island. With respect to the resulting plan Mr Armstrong says: The survey plan (ML 4064) is reproduced below. This was the first time Parahaki had actually been surveyed on...