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1. Shield v Accident Compensation Corporation (Treatment Injury) [2022] NZACC 230 [pdf, 242 KB]

   ...later with Mr Kenton-Smith himself. She says that on both occasions she was told she had cancer. There is no record of these calls in the notes provided by Mr Kenton-Smith, however, in respect of a complaint made by Mrs Shield to the Health and Disability Commissioner, Mr Kenton-Smith wrote: Sandy rang my practice to request the results on 9 December (sic). She was very concerned about the results. My nurse, Jackie Mills RN, contacted Sandy (after talking to me) to advise her...

2. [2021] NZACC 103 - Reed v ACC (15 July 2021) [pdf, 180 KB]

   ...wrist pain is attributable to a covered injury, a scaphoid fracture complicated by non-union, despite subsequent bone grafting on two occasions. His need for vehicle adaptions is related to the effects of this injury, combined with the significant disability associated with his subsequent left brachial plexus injury (not ACC covered). I find no evidence of any acute knee injury to which Mr Reed’s knee pain can currently be attributed. It appears that his knee pain symptoms are s...

3. Succession Factsheet [pdf, 355 KB]

   ...that unless they are related by blood to Wi Pere. 26. To dispute or challenge a will through the High Court. 27. A person who has not yet reached the age of 20 years and has not legally married. 28. In its legal use, this means physical or mental disablement that, in the opinion of the court, results in a person lacking, wholly or partly, the competence to manage their affairs in relation to their property. http://maorilandcourt.govt.nz/your-maori-land/succession http://tetumupaeroa.co.n...

4. Van Wey Lovatt v Accident Compensation Corporation (Code of Claimant's Rights) [2024] NZACC 020 [pdf, 221 KB]

   ...with the person the claimant is dealing with at ACC, or that person’s manager. The claimant may complain orally or in writing. ACC may decline to investigate where a complaint is correctly dealt with by another agency, such as the Health and Disability Commissioner. In these circumstances, ACC will advise the claimant of appropriate agencies that may be able to assist. Any dispute about cover and entitlements, including treatment and compensation, is not covered by this Code,...

5. Brown v Accident Compensation Corporation (Claims Process) [2023] NZACC 213 [pdf, 170 KB]

   ...7 September 2022, Dr Wilkinson reviewed the documentation from the appellant’s file, and interviewed him. Dr Wilkinson diagnosed adjustment disorder with irritable mood, and concluded that that disorder resulted from the persisting pain and disability resulting from the cumulative effects of several back injuries from 1996 to 2018. Dr Wilkinson did not consider that the appellant suffered from PTSD, noting that he did not have intrusive recollections of any life-threatening events...

6. O'Brien v Accident Compensation Corporation (Challenge to impairment assessment) [2024] NZACC 120 (22 July 2024) [pdf, 206 KB]

   ...and can easily compare assessments, offer a mixture of some repeated tests, use of alternate forms of tests, and a range of checks of response consistency. ... My view is that there is no current valid or reliable evidence to support cognitive disability stemming from Mr O’Brien’s covered injury. However, it is possible that he did suffer some lasting impairment, but this has been hidden by 4 his approach to assessment. I believe a further assessment would be in Mr O’Br...

7. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   ...to relate to and listen to, children of all ages; (g) Good interpersonal skills and an ability to relate to and listen to adults; {h) Knowledge of the impact of drug and alcohol abuse issues, the dynamics of family violence, child development, disabilities and mental health; [2020] NZFC 3346 6 (i) Understanding of tikanga Maori; (j) Sensitivity and awareness of different world views including gender, ethnicity, sexuality, cultural and religious issues for families; (k) R...

8. OIA-104489.pdf [pdf, 2.3 MB]

   ...representation: o The increase in jurisdictional cap may lead to an increase in complexity of issues – enabling legal representation promotes access to justice and emphasises that power disparities will be addressed. This would assist parties who have disabilities, have limited proficiency in English, and cases where there is a vulnerable party on one side and an experienced corporate party on the other side. o Suggest consideration be given to incorporating a similar provision...

9. [2024] NZEmpC 109 LDJ v EZC [pdf, 249 KB]

   ...disagrees. They rely on para [63] which refers to s 149 agreements, and para [65] which refers to the approach reflected in s 149 and its consistency with the supported decision making model found in the Convention on the Rights of Persons with Disabilities, to support their argument that the Supreme Court decision can only be said to apply to s 149 agreements. 19 TUV v Chief of New Zealand Defence Force, above n 10. [51] It is not the purpose of this judgment to resolve...

10. OIA-121215.pdf [pdf, 1.4 MB]

    ...following recommendations will be meaningfully underway at the time of the Prime Minister’s public apology to survivors of abuse in care, on 12 November 2024: • Final Report Recommendation 26 – amend the Crimes Act 1961 to specifically include disability within the definition of a vulnerable adult. This amendment can be included in the omnibus bill proposed for introduction on the night of the public apology. • Final Report Recommendation 31 – establish a list of specialis...