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1. Adair v ACC [2010] NZACA 5 [pdf, 73 KB]

   ...contrary”. (Refer paragraph [7]). [77] In Ben View Farms the effectiveness of the appeal process had been fundamentally undermined when it was established that counsel who had withdrawn 16 the appeal was shown to be under a mental disability and where there was no fault on the part of the appellant. As Fisher J said at [8]: “There would normally be a miscarriage of justice if, without fault on his or her part, a party had been significantly prejudiced by some...

2. Perkins v ACC [2013] NZACA 19 [pdf, 63 KB]

   ...there would be any entitlement under s 78, and if so, who would be asked to report? Dr Robinson replied on 22 July 1993, that he understood that Mr Perkins had recovered from his skin reaction long ago and he would be unlikely to have any permanent disability. The decision letter was issued on 27 July 1993. ACC did not describe the covered injury, but said that it was satisfied that medical misadventure did occur and that the claim was acceptable under s 2 of the 1982 Act. The assessme...

3. Practice Note applications under the protection of Personal and Property Rights Act [pdf, 109 KB]

   ...capable of carrying out the responsibilities and duties required under the PPPR Act; and (d) to consider if there is any relevant overlap between the PPPR Act, the Mental Health (Compulsory Assessment and Treatment) Act 1992 and the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. 3 EVIDENCE 3.1 An application is to be supported by evidence. 3.2 Schedule 9 of the Family Courts Rules 2002 provides for the format of applications under the PPPR Act. 3.3 Affi...

4. Gray v Accident Compensation Corporation (Causation) [2023] NZACC 152 [pdf, 233 KB]

   ...of Michelle’s pain. Recommended Management/Treatment I have been over the MRI images with Michelle and talked to her about discogenic pain, the natural history and the various treatments available. Michelle told me that she is significantly disabled by her pain and has reassured me that she has tried conservative care without success to date. [17] Dr Hill also referred the appellant to Mr Taha, a Dunedin neurosurgeon who saw the appellant on 17 July 2020. [18] In his report of...

5. Jones v Accident Compensation Corporation (Backdated Weekly Compensation) [2023] NZACC 117 [pdf, 205 KB]

   ...from 28 May 1990 to 23 May 2008 and that he could not return to his preinjury role as a sheet metal worker because of his injuries. [33] On 10 August 2022, a Notice of Appeal was lodged. [34] On 8 September 2022, Dr Liz McDonald, Impairment and Disability Assessor, provided an impairment assessment report, which arrived at a 31% whole person impairment for injuries after 2004 for lump sum payment. Relevant law [35] The Accident Compensation Act 1982 (which applied up to 30 June...

6. Jury-Trials-Timeliness-cabinet-material_FINAL.pdf [pdf, 399 KB]

   ...defendant delays could also mean lengthy waits in prison, on remand, or being subjected to restrictive bail conditions. 51 Further analysis is needed to understand the impacts on different population groups, including by age, gender, ethnicity, disability and geographic region. Māori are disproportionately represented, as both defendants and victims, in the criminal justice system. Consultation will help inform this analysis. When I seek Cabinet’s agreement to policy proposals, I will...

7. National guidelines for crime prevention through environmental design in New Zealand - Part 1 [pdf, 1.6 MB]

   ...framework ■ A good movement framework has direct routes that lead people safely to the places they want to go by whatever means – on foot, by bike or on public transport. This should cover the needs of all people, including the elderly and disabled. ■ Well connected street networks provide pedestrians with a choice of routes. Layouts based on main routes and shared spaces reduce the need for underused alleyways, shortcuts and minor access points that can become vulnerable t...

8. RIA - Prohibition of Conversion Practices [pdf, 355 KB]

   ...scope, including within regulated and unregulated health services and faith-based communities. Conversion practices are less likely to occur in regulated health services as there are a number of protections in place such as the Code of Health and Disability Services Consumer’s Rights and professional codes of ethics. Some stakeholders have suggested that sex characteristics and surgical sex assignment of intersex children should also be included. However, the issues and potential...

9. [2023] NZEnvC 133 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.6 MB]

   ...or recovery of wrecked vessels; or (xii) dune and coast restoration, enhancement and maintenance projects undertaken by a registered coast care group or group authorised by the territorial authority; or (xiii) access for people with mobility disabilities (while displaying a mobility card) to the closest practicable point along the foreshore from the vehicle access, or (xiv) surf life-saving operations, and law enforcement operations. The parties consider that inclusion of condit...

10. IPT Practice Note 3/2023 Residence [pdf, 397 KB]

    ...should advise the Tribunal as early as possible of any objections they may have to the appeals being heard together. 7. NEEDS OF APPELLANTS [7.1] The Tribunal endeavours to accommodate the needs of appellants or witnesses, such as those with a disability, and expects to be given advance notice of any such needs. [7.2] The appellant, counsel or representative should alert the Tribunal, well in advance of the hearing, to any gender-related factors so that appropriate arrangement...