Search Results

1. [2021] NZACC 91 - Razek v ACC (29 June 2021) [pdf, 176 KB]

   ...and (d) The likelihood the treatment of the kind that was given would have the adverse consequence is rare (as defined in subsections (3) and (4)). [53] One of the severe adverse consequences defined in s 37(2) is: (c) Suffering significant disability lasting more than 28 days in total. [54] Section 37(3) defines “rare” as “only if the probability is that the adverse consequence would not occur in more than 1% of cases in which the treatment is given”. [55] The...

2. [2022] NZACC 2 - Brooks v ACC (6 January 2022) [pdf, 179 KB]

   ...which does not allow him to function and weight bear adequately. The osteoarthritis was not caused by Mr Brooks jumping off the truck and to this extent I agree with Dr Fong. However, that ACC covered incident of jumping off the truck and becoming disabled is accepted by ACC and the extent of these lesions being symptomatic is not truly known by anyone, including Dr Fong or myself. [16] On 23 December 2019, Mr Sharr wrote further that he believed the “lateral talar dome osteoch...

3. Accessing-the-Special-Fund-surplus-and-carry-forward-of-the-offender-levy-underspend.pdf [pdf, 374 KB]

   ...fluctuations any funding from the surplus revenue provided to community law centres will be time limited. The Ministry of Justice will recommend to community law centres that any surplus revenue is used to fund pilot initiatives (such as an expanded national disability legal service or a kaupapa Māori legal service) over a fixed period of time. Any funding provided to community law centres will include clear communication that the funding is for a set period of time and not guaranteed i...

4. Estate of Pene-Ellis v Accident Compensation Corporation (Entitlements) [2022] NZACC 214 [pdf, 235 KB]

   ...the Corporation’s decision. The application noted that the appellant was having ongoing difficulties in terms of personal cares and wanted support, as well as some aids and appliances. [17] The review application, lodged by Ms Pene-Ellis’ disabilities advocate noted the following: 1. The client has a sternotomy. 2. The client has difficulty with dressing herself. 3. The client needs some assistance with personal cares … 4. I would like ACC to provide a hospital bed, el...

5. Panchalingam v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 196 [pdf, 185 KB]

   ...applicant’s personal affirmation of incapacity. It is the frequent refrain of applicants that they are effectively penalised for stoicism in the face of incapacitating injury or condition and for ‘soldiering on” in their employment despite disability … [52] … the position [in regard to a lack of evidence of incapacity] was then fortified by the absence of reference to an incapacitating mental illness in any of the GP reports from the early 2000s. Discussion [42] The i...

6. [2024] NZEnvC 093 Ocean Dynamics Limited v Tauranga City Council [pdf, 349 KB]

   ...around the site. (iii) Proposed actions to be taken and procedures to be followed in the event that evacuation is required including actions required to ensure the safety of occupants during flooding events including the more vulnerable (elderly, disabled, children) (iv) Any other measures the author of the FSEP deems necessary to ensure the health and safety of staff and occupants of the building authorised by this resource consent during flood events. 4 (c) Be held on site...

7. Bravenec v Accident Compensation Corporation (Cover Issues) [2023] NZACC 77 [pdf, 191 KB]

   ...symptomatic that which previously a-symptomatic does not alter that basic principle. The accident did not cause the degenerative changes, it just caused the effect of those changes to become apparent and of course in many cases for them to become the disabling feature. [61] It is plain from the operation report of Dr Brick that there was extensive damage to the appellant’s right hip. [62] Notwithstanding this and following the injury of 24 March 2020, the appellant continued...

8. Quinney v Accident Compensation Corporation (Causation) [2023] NZACC 102 [pdf, 278 KB]

   ...ankle. Dr Rao arranged for a bone scan. [66] It is plain that the appellant’s condition did not improve and she was unable to work. [67] I next refer to the report Mr Blackett dated 17 June 2023. He notes: Mrs Quinney’s current significant disability secondary to bilateral ankle pain is difficult to fully attribute to her diagnosed tendon injuries on the basis of the chronicity and generalised nature. However, Mrs Quinney did sustain a traumatic injury to the right leg in...

9. [2025] NZACC 084 - Chand v Accident Compensation Corporation (14 May 2025) [pdf, 215 KB]

   ...earlier and the cerebellar haemorrhage identified. He then opined - In summary, given the paucity of evidence to state that such interventions in the setting of haemorrhagic stroke clearly improve outcomes of patients in terms of avoiding major disability, in my opinion it is not possible to state with any degree of certainty that earlier intervention in the client’s case would have affected his disease progression nor consequent outcome. In my opinion the posterior fossa intra...

10. Evaluation of Wellington District Court criminal list pilot [pdf, 122 KB]

    ...cases. This would enable staff to carry on with their work in the office. 4.6.3 Forensic services The forensic nurse had mixed views on the effects of the pilot. She was concerned that the shorter waiting times could mean that defendants with a mental disability could pass through the list process without their disability being picked up. She might not be alerted to their situation until they had appeared once or twice. She felt more reliant on solicitors and police to identify people who...