Search Results

1. FE v MB LCRO 328/2012 (23 February 2015) [pdf, 70 KB]

   ...understand the nature of the conflict of interest and the likely impact of the conflict. On the other hand, a client of limited intellectual capabilities or who is a recent immigrant and wholly unfamiliar with the language and legal system may be at such a disability as to be effectively unable to consent. and that: The law has long recognised that a person of full capacity may relinquish the benefits of fiduciary obligations owed to him or her:9 the person entitled to the benefit o...

2. Morgan v Accident Compensation Corporation [2018] NZACA 01 [pdf, 197 KB]

   ...chest and elsewhere and minimal functioning in her right shoulder and arm for a prolonged period. It had a serious impact on her mental health, her work and her personal life. The Corporation accepts that Ms Morgan has a significant permanent disability. [5] It is relevant to look at Ms Morgan’s work history. [6] In January 1985, then aged 23, Ms Morgan left her full-time role as an assistant matron at a rest home. She commenced waitressing and housekeeping at a hotel for...

3. Justice Statistics data tables - notes and trends December 2020 [pdf, 249 KB]

   ...without conviction. 21% of people were aged under 20 years, in 2020. Unfit to stand trial and not guilty by reason of insanity In 2020, 190 people were found unfit to stand trial because of a current mental impairment (such as intellectual disability, mental disorder or mental illness such as dementia). There are a wide range of offence types for which people are found unfit to stand trial. The most 7 common offence type (as the person's most serious offenc...

4. Restorative justice: Practice resources for family violence cases 2019 [docx, 6.8 MB]

   ...aware of any other additional factors, circumstances or details which make you believe there is high risk to the safety of the adult victim, children and/or others? Issues to consider may include: · the adult victim’s situation in relation to disability, alcohol or other drug misuse, mental ill health, cultural or language barriers · whether they engaged/willing to engage with a support service · whether the offender’s occupation or interests has given them unique access to weapons,...

5. Justice Statistics data tables - notes and trends June 2020 [pdf, 246 KB]

   ...discharged without conviction were aged under 20 years. Unfit to stand trial and not guilty by reason of insanity In 2019/2020, 153 people were found 'unfit to stand trial' because of a current mental impairment (such as intellectual disability, mental disorder or mental illness such as dementia). There are a wide range of offence types for which people are found unfit to stand trial. The most common offence type (as the person's most serious offence) was as...

6. [2021] NZREADT 44 - Lawrence v Registrar of the Real Estate Authority (16 August 2021) [pdf, 275 KB]

   ...against a s 74(3) determination. [11] Mrs Appleton also referred to the appeal provisions under the Health Practitioners Competence Assurance Act 2003 (“the HPCA”). She submitted that under that Act, no appeal right is attached to a Health and Disability Commissioner’s preliminary assessment of a complaint (s 33(1) of the HPCA) or a Commissioner’s decision to take no further action on a complaint (s 38(1)). [12] Finally, Mrs Appleton submitted that if the Tribunal were to c...

7. [2021] NZACC 88 - Civil v ACC (22 June 2021) [pdf, 209 KB]

   ...no evidence of any arthritis of this joint on her original x-ray of her left shoulder on 11 May 2017. I would therefore suggest that Colleens current shoulder problem is predominantly caused by her 2 injuries. She has a significant shoulder disability with pain and reduced movement which is not likely to improve without surgical intervention. [20] The full CAP provided comment on 7 March 2018 and reiterated the changes present were too widespread within the shoulder to have b...

8. [2021] NZACC 89 - Baanders v ACC (22 June 2021) [pdf, 292 KB]

   ...incomplete. The stiffening of the levels below would have made it more likely to stress the upper lumbar levels. P23. I accept given his noted work ethic and determination he has made a good recovery albeit after a longer than usual period of disability. Certainly, his last episode of back pain in 2017 seems related to the fall of 5 January 2017. P26. It seems from the imaging evidence that he may have sustained injury to the already abnormal L1/L2 disc from the fall January 201...

9. Justice Statistics data tables - notes and trends June 2021 [pdf, 250 KB]

   ...people were aged under 20 years, and 59% were aged under 30 years. Unfit to stand trial and not guilty by reason of insanity In 2020/2021, 215 people were found unfit to stand trial because of a current mental impairment (such as intellectual disability, mental disorder or mental illness such as dementia). There are a wide range of offence types for which people are found unfit to stand trial. The most common offence type (as the person's most serious 7 of...

10. [2022] NZACC 156 – Chalmers v ACC (16 August 2022) [pdf, 262 KB]

    ...calcified giant thoracic disc herniation. In the lumbar region there is also disc disease with moderate spinal stenosis at the L3-4 level and mild compression of the cauda equina. There are no spinal cord MS lesions to account for her marked lower limb disability. ... We do have effective treatments for multiple sclerosis in 2017 and I do think she should proceed with surgical intervention for this disc as I believe it is contributing to her immobility. [5] On 8 December 2017, Ms...