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1. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

   ...was clear that there was no evidence of an acute neurological illness as the cause and no evidence of encephalitis. Nor could he say whether the infantile spasms were a cause, or an effect of the beginning of Hiria’s physical and intellectual disability, but he did say that the atheoid cerebral palsy that Hiria is described as having in her post 1989 treatment notes was a chronic condition Hiria has developed as an outcome of her earlier neurological injury. Dr Stanley also expl...

2. Baigent v ACC interim [2014] NZACA 15 [pdf, 55 KB]

   ...out in the letter dated 2 June 2006. [39] Nor can I see why the established common law principles of accord and satisfaction should not apply, as Mr Baigent had competent legal advice throughout and cannot be said to have been under any form of disability or duress when he instructed Mr Miller to agree to the rates that were put to him and as Mr Greene properly found, ACC was equally bound when it tried to pay a lesser sum. Procedural matters and directions [40] When preparing th...

3. Edwards v ACC [2013] NZACA 10 [pdf, 61 KB]

   ...from Tuesday to Friday, with full time carers looking after him, and Ms Edwards cared for Geoffrey from Saturday to Tuesday. [14] From 2000, when Geoffrey was 20 years old, he attended the Eastern Institute of Technology three days a week and the Disability Resource Centre two days a week. He lived with his parents from Saturday to Monday and with paid carers in Napier from Tuesday to Friday. [15] Ms Edwards said in her statement of evidence and at review, that she had planned on ha...

4. Neal-Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) [pdf, 225 KB]

   ...the February 2014 hearing, a significant point of difference arose between Mr Neal and Rhona Welsh as to the appropriate area for Milton Welsh’s five shares (which had been returned to Mr Welsh pursuant to the s 45 order). Milton Welsh suffers a disability. Rhona Welsh informed the Court that she held power of attorney. I directed her to file a copy of the power of attorney. This was not received until 18 July 2014. The power of attorney is also dated 18 July 2014. [19] At the hea...

5. Have your say on the family justice system - easy read [pdf, 5.9 MB]

   ...No Not sure 72 Do you think having a lawyer is the right thing for all children and their families? Yes No Not sure Do you think a lawyer for a child works as well for children with disabilities? Yes No Not sure 73 Do you have anything else you want to tell us about the Lawyer for a child? For example you could tell us about: • ways to make it better • things that worry you abou...

6. E94 John Mckensey – Lighting - RE – Applicant [pdf, 4.5 MB]

   ...Sensitive Receivers / Receiving Environment Construction lighting can result in adverse effects on sensitive receivers and the receiving environment, including effects associated with lighting spill, changes to sky viewing conditions and glare that can disable or distract motorists. Light sensitive areas for the Project comprise the following with direct views of the Project area: 2951 Wynyard Edge Alliance |Construction Lighting Management Plan Rev D | September 2018 Page |...

7. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...Amendment Act 2001 the Tribunal was “continued in being” and from 1 January 2002 has been called the Human Rights Review Tribunal. It has jurisdiction over certain claims brought under the Human Rights Act, the Privacy Act 1993 and the Health and Disability Commissioner Act 1994 (HDCA). [27] Common to all three of its jurisdictions is Part 4 of the HRA. This is because of PA, s 89 and HDCA, s 58. Section 89 of the former Act provides: 89 Certain provisions of Human Rights Act...

8. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [pdf, 184 KB]

   ...harmful. Bearing the latter in mind, it is also possible to calculate the hearing loss to be expected with exposure to 98 dba for 14 years, the additional 3 db (at least) being suggested as a kurtosis correction. [35] His then figure of 9.8% disability due to noise is maintained. The Appellant’s Submissions [36] Mr Sara acknowledges that in order to have cover under the Act, Mr Fisher must reach a level of 6% noise induced hearing loss. He acknowledges that the medical sp...

9. Mau Whenua Incorporated - Port Nicholson Block Settlement Trust (2020) 419 Aotea MB 112 (419 AOT 112) [pdf, 271 KB]

   ...o Te Ika) and cl 2.3(c) (being the promotion amongst Taranaki Whānui ki te Upoko o Te Ika of health, well-being and the relief of poverty, including without limitation support for the aged and those suffering from mental or physical sickness or disability). 419 Aotea MB 125 opportunity to discuss and consider them. This Court must also be satisfied that there is a sufficient degree of support for the variations among the beneficiaries. The beneficiaries of the Trust have sim...

10. Reducing serious crime results action plan 2017 [pdf, 147 KB]

    ...sexual violence in the developed world. There were over 186,000 incidents of sexual assault against adults in 2013, and 24% of women and 6% of men reported that they experienced sexual violence at some time in their lives. Young people, people with disabilities, and Māori and Pasifika peoples are over-represented as victims. ACTIONS OVER THE NEXT 4 YEARS The Ministerial Group on Family Violence and Sexual Violence has a cross-government work programme featuring a wide range of init...