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1. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...being sold to family members who on sold at a profit only a few weeks later. Mr Collins said that in taking Mrs W through the A & I process, she would have seen the names of purchasers. We are not in a position to comment on how Mrs W’s disability might have impacted on her understanding of this information. What we do know is that she was not told about the profit. And we discuss below how that information was restricted by client confidentiality in any event. [57] To f...

2. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...an advantage by exhausting the resources of less wealthy parties. [16] Mr Halse goes on to dispute the way in which the Authority performs its role and submits that the Court has effectively supported its approach, which has “progressively disabled” the dispute resolution process set out by Parliament. [17] He submits that the Authority has accordingly given itself power to make random orders at the request of employers, and this has gone as far as legalising injustice and...

3. [2021 NZACC 149 – Garside v ACC (30 September 2021) [pdf, 276 KB]

   ...when he sought medical assistance. • Referring to medical literature, left knee pain is very common, up to 50% of people aged 50 years and over (like Mr Garside) report knee pain during the course of one year, and around 25% report severe and disabling pain. • Changes such as those seen on Mr Garside’s imaging are not the result of a single episode of trauma, but rather, are part of a disorder of the entire knee joint. All the structures in the knee joint work together to prov...

4. Hill v Accident Compensation Corporation (Interest on weekly compensation) [2023] NZACC 216 [pdf, 212 KB]

   ...resolution services and their review function of Corporation decisions, and that I have never been involved in these services. Background [4] On 4 August 1984, Mr Hill injured his left shoulder playing rugby league, which left him with a significant disability of his left arm. He obtained cover and began to receive entitlements including weekly compensation. [5] On 1 September 2003, the Corporation determined that Mr Hill had obtained vocational independence and his weekly compen...

5. McLachlan v Accident Compensation Corporation (Personal Injury) [2023] NZACC 52 [pdf, 212 KB]

   ...is some inconsistency in the reporting of the mechanism of injury, however the key point here is the clinical presentation that followed. It is generally accepted that an acute rotator cuff tear produces significant pain, loss of strength and disability, which is not the case at lodgement, or at any point after in the clinical records. This would appear to be supported by Mr Harvey, who notes even at 3-4 months post injury, the good range of motion is atypical. I have taken repo...

6. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...markers. Perhaps his condition falls into that category, but investigations for that do not necessarily change the patient’s management. … One could certainly hold off on treatment, as he appears to have very little in the way of functional disability. He, however, has a different view and would like to take a trial of drug therapy, and I think this is quite reasonable. He will start Sinemet 100/25 tabs … [9] He was seen by neurologist, Dr Burgen, from 2011 onwards. I...

7. Modifying-the-Sentencing-Reinstating-Three-Strikes-Amendment-Bill_FINAL.pdf [pdf, 876 KB]

   ...and submitters on the Bill raised these impacts, particularly on Māori, and potential inconsistency with Te Tiriti o Waitangi. The proposals in this paper are likely to further exacerbate the disproportionate impacts on Māori, young people, and disabled people. 45 The proposals to toughen the three strikes regime, however, will also help support Māori victims, who are disproportionately represented as victims of crime. Human Rights 46 The proposals in this paper may affect the B...

8. Rec-Recap-Q3-2022.pdf [pdf, 691 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2022 Office of the Chief Coroner | 2022 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a dea

9. Regulatory Impact Statement 2010 Alcohol Reform [pdf, 918 KB]

   1 ALCOHOL REFORM 2010: REGULATORY IMPACT STATEMENT Contents AGENCY DISCLOSURE STATEMENT ................................................................................................. 2 EXECUTIVE SUMMARY ....................................................................................................................... 3 INDICATIVE IMPACT ASSESSMENT ................................................................................................... 4 PART 1 – ALCOHOL IN NEW

10. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

    ...total responsibility for the whole of the arts course or the travelling expenses. On the contrary, the emphasis is on rehabilitation and the encouraging of independence and it would be wrong for the appellant to think that with his relatively minor disability he can rely on the public purse to meet all his expenses over a period of years. …Having elected to do an unpaid arts course he must rely on the rehabilitation provisions. As I see it this means that the Commission, if it accept...