Search Results

1. Hartley v Accident Compensation Corporation (Claim for cost of treatment) [2023] NZACC 200 [pdf, 264 KB]

   ...that the left TMJ joint was normal, but that there had been progression of derangement on the right side. [45] On 5 October 2020, Dr John Burford, Dentist, provided a report describing Ms Hartley as a chronic pain patient with complex pain and disability exposure. Dr Burford stated that Ms Hartley’s TMJ disc, cervicalgia, jaw pain, tinnitus and oromandibular dystonia were all caused by the accidents. He stated: In the whiplash impact the head is violently flung posteriorly and a...

2. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

   ...confidence. As such, the consideration here needs to be on the basis of biological plausibility. In this case, there is a very biologically plausible basis for both an acute injury and a gradual process injury contributing to the subject’s disability. Do you agree with Dr JM that the work tasks would only give rise to a significantly greater risk in people who did not have an underlying positive ulnar variance? Why/Why not? No. Firstly, the positive ulnar variance is mild and...

3. Pio v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 142 [pdf, 303 KB]

   ...on Mr Pio. Dr Antoniadis noted a current diagnosis of left carpal tunnel syndrome, with left middle finger trigger finger and minor osteoarthritis in the carpometacarpal joints of the thumbs. He noted the left carpal tunnel was the likely primary disabling syndrome and that it had a (work-related) gradual process cause. He did not see any evidence of a nerve injury caused by the surgical procedure, and instead thought the chainsaw work had caused the symptoms. Dr Antoniadis noted that...

4. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   Reference No. HRRT 019/2017 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN STEPHEN GILBERT BUTCHER PLAINTIFF AND NEW ZEALAND TRANSPORT AGENCY FIRST DEFENDANT AND ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF TRANSPORT SECOND DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms MG Coleman, Deputy Chairperson Dr NR Swain, Member Sir RK Workman KNZM QSO, Member REPRESENTATION: Mr SG Butcher in person Mr P Rishworth QC and Mr M McKi

5. [2007] NZEmpC AC 48/07 Axiom Rolle PRP Valuations Services Ltd v Kapadia [pdf, 47 KB]

   ...[1980] 2 NZLR 490. He found there would normally be a miscarriage of justice if, without fault on the part of the litigant, a party has been significantly prejudiced by some incompetent or unauthorised act or omission attributable to the mental disability of counsel. In exercising the discretion an important element will be a comparison between the prejudice to the client and reliance by other parties that cannot be adequately redressed in costs. Another element would be whether...

6. [2011] NZEmpC 117 Advkit v Weston Rehearing [pdf, 84 KB]

   ...classes. Mrs Henry had ample opportunity to observe Mrs Weston who struck Mrs Henry as a confident person who was able to concentrate on the task involved and to use her imagination well and there was no suggestion that Mrs Weston had any pain or disability limiting her from doing the work. Mrs Weston offered to undertake the teaching of the skills as part of Mrs Henry’s business but, as Mrs Henry had no opening available, she suggested that Mrs Weston enquire at the Centre as s...

7. [2015] NZSSAA 025, 20 April [pdf, 46 KB]

   ...is calculated taking into account the person’s chargeable income and allowable costs. Allowable costs are defined in Clause 2.1 of the Ministerial Directive relating to Special Benefit. [28] In this case, using accommodation costs of $197 and disability costs of $27.85, the formula assessment produces a deficiency of income over expenditure of $14.61. [29] The Ministerial Direction provides that the Chief Executive will be justified in granting Special Benefit at the lesser of the...

8. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...balance of probabilities 3 White - Mourea Papakainga (2011) 2011 Chief Judge’s MB 280 (2011 CJ 280). 4 At [25]. 2013 Chief Judge’s MB 311 that the applicant suffered from a disability which would render him/her incapable of entering the transaction which lead to the order of the Court complained of.5 [35] The applicant has not fulfilled this test in any way and her allegation simply has no basis. [36] As a...

9. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...about his medical condition. This process might take some two to three weeks. He said because of frequent periods of hospitalisation and the unpredictability of his health status any timetable set by the Tribunal would need to make allowance for his disability. Joinder – the law [18] Neither the Human Rights Act 1993 nor the Privacy Act 1993 make explicit provision for the striking out or addition of parties but Regulation 16 of the Human Rights Review Tribunal Regulations 2002 all...

10. 2017 NZSSAA 069 (5 December 2017) [pdf, 178 KB]

    ...Pension (private sector) or the Mutual Aid Pension (government employee). [15.3] Category 3 insured persons are partners of category 2 persons. [16] Some category 1 persons are exempt from having to pay premiums (such as a person receiving a disability pension); otherwise, they pay a specified annual premium whether or not they are in paid work at the time. [17] Category 2 persons pay a percentage of their employee/employer contributions. [18] Category 3 persons are not req...