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1. 2 RIA Repeal of three strikes law [pdf, 3.3 MB]

   ...years imprisonment imposed on Fitzgerald “goes well beyond excessive punishment and would in their view shock the conscience of properly informed New Zealanders who were aware of all the relevant circumstances including Mr Fitzgerald’s mental disability” and that Fitzgerald “should be receiving care and support in an appropriate facility, not serving a lengthy term of imprisonment”. Another example is in R v Kingi Ratima (2017), where the judge calculated that the offende...

2. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...conduct, before ordering costs against a regulator properly exercising its functions in the public interest. She referred to discussions of costs orders in the context of the provisions of the Lawyers and Conveyancers Act 2006 and Health and Disability Commissioner Act 1994. She submitted that the usual approach of the Human Rights Review Tribunal is that costs are not routinely awarded to the successful party. [13] Ms Casey also submitted that in the present case, the Regist...

3. [2022] NZACC 50 – Harding v ACC (24 March 2022) [pdf, 182 KB]

   ...proceedings were held. On 30 January 2018, the Reviewer dismissed the review, and determined that on the basis that the evidence confirmed that any acute effects of the sprain were spent and it was now the underlying medical condition creating pain and disability; cover could not be extended to a degenerative condition; there was no evidence of any other or new distinct personal injury caused by that accident; and it was Mr Harding’s underlying condition causing his incapacity....

4. [2022] NZACC 125 – Williams v ACC (28 June 2022) [pdf, 242 KB]

   ...aggravated plantar fasciosis/fasciitis and not acute plantar fascia tear. She said: The plantar fascia is a tough, fibrous band of tissue that takes the full weight of the body through it. An acute tear to this structure would result in significant disability. One would not try to “run through” an acute tear to the plantar fascia – this would result in inability to walk. The patient would also be unable to attempt “drills from YouTube” to treat such an injury within...

5. [2022] NZACC 31 – Rigney v ACC (9 March 2022) [pdf, 261 KB]

   ...filed further submissions dated 28 January 2022. [30] Mr Carlyle submits that in substance, the issue is the difference in cost between what ACC is paying, and the cost at Glenbrae Rest Home ($565 per week) operating under the Residential Care and Disability Support Services Act 2018, Social Security Act 2018 and Health Act 1956. [31] He referred in his submissions to a break down of the Glenbrae “wellbeing and care plus package”: Showering and dressing – average of 60 mi...

6. Queensell-Logan v Accident Compensation Corporation (Interlocutory application for orders for proposed witnesses to attend hearing in person) [2024] NZACC 099 (12 June 2024) [pdf, 240 KB]

   ...would you like it if I came to your house and removed stuff as part of a housing mod and it was not replaced? Do you believe that you are above the Taxpayers of New Zealand being in the job you are? Do you think you could handle looking after a disabled 9-year-old child for a day or more? Do you feel the law has been followed by ACC 100%? [13] Both applications ask for the matter to be “moved” to the High Court in the interests of justice if the District Court does not grant t...

7. KA v L Ltd [2024] NZDT 126 (30 January 2024) [pdf, 208 KB]

   ...taken on 11 April and does not show any water dripping. Mr N says this is because the heat setting showing on the display panel was 28oC, whereas it was 16oC on the day he inspected it. 25. Both videos clearly show the same heat pump. Both show a disabled sensor in the corner to the left of the heat pump, a curtain rail to the right, peeling wallpaper underneath, and a dirty mark over the display panel. The mark is in the same location as in TF’s photograph, suggesting that all t...

8. Brown v Progressive Enterprises Ltd (Strike-Out) [2024] NZHRRT 10 [pdf, 207 KB]

   ...of any of the prohibited grounds of discrimination. [22] The prohibited grounds of discrimination are set out in s 21(1)(a)-(m) of the HRA and are: sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status and sexual orientation. [23] For Mr Brown’s claim under s 44(1) to be tenable the pleaded facts in his statement of claim must show, assuming they are true, that:12 [23...

9. [2025] NZIACDT 05 – YI v Liu (14 January 2025) [pdf, 160 KB]

   ...Liu now says he requires written authorisation where agents represent clients. That is not a sufficient compliance with his obligation to personally engage with his clients. He cannot delegate that critical duty to an unlicensed agent, absent a disability on the part of the client or some other compelling reason. A written authorisation can be manufactured by an unethical agent. [45] There was a failure by Mr Liu to obtain instructions directly and personally from the complainant...

10. [2025] NZIACDT 06 – DH v Liu (14 January 2025) [pdf, 252 KB]

    ...Liu now says he requires written authorisation where agents represent clients. That is not a sufficient compliance with his obligation to personally engage with his clients. He cannot delegate that critical duty to an unlicensed agent, absent a disability on the part of the client or some other compelling reason. A written authorisation can be manufactured by an unethical agent. [45] There was a failure by Mr Liu to obtain instructions directly and personally from the complainant...