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1. [2021] NZACC 11 - Murrell v ACC (12 January 2021) [pdf, 229 KB]

   ...Research has not validated intra-articular facet joint injections as a diagnostic test. [98] Dr Bell said: It is quite clear that Mr Murrell has sustained an injury to his lower lumbar spine, and that injury continues to give rise to pain and disability. [99] In this case the expert opinions are diverse and in places confusing. [100] Regarding the CT guided steroid and local anaesthetic injection, it is significant that Dr Bell notes that Mr Murrell recalled no immediate redu...

2. A new adoption system for Aotearoa New Zealand - Summary Document [pdf, 272 KB]

   ...to be dispensed because they have a mental or physical incapacity. We think this should not be included in a new adoption system as those grounds are discriminatory and don’t meet our human rights obligations, particularly towards people with disabilities. We want to hear your views on these options we are considering for enabling children to participate in the adoption process. 6 We think that birth parents should be able to participate when the adoption case gets to...

3. [2021] NZACC 119 - Koloni v ACC (3 August 2021) [pdf, 251 KB]

   ...prone to lower back pain, given her age and her previous sprains and strains of the same body part. However, she submits that, despite age-related degeneration, she was, at the time of her accident, asymptomatic and very active, showing no pain, disability or impairment. She submits that the extent of the degeneration noted by medical experts at a later stage would have occurred subsequent to her accident. Ms Koloni further submits that, when, in May 2013, the Corporation granted...

4. [2021] NZACC 73 - McLennan v ACC (6 May 2021) [pdf, 278 KB]

   ...no evidence of any other disorder. While there is some anxiety in relation to his symptoms, this is commensurate with his symptoms, and is not an abnormal reaction. It has not prevented his return to work, and is not associated with any other disabling process. There is no evidence for depressive illness, or any other psychiatric process. I note other assessment has ruled out an allergic skin or respiratory reaction. He does continue to have upper respiratory symptoms, but it is...

5. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

   ...preliminary steps was because Mr Gaskin had become aware that Mr Hickey suffered from mental illness. As a result of contacting the PSA, Mr Gaskin was informed that Mr Hickey was supported by Workbridge, an organisation supporting people with disabilities and other physical and mental health issues in relation to their employment. [35] The November 2021 meeting did not last long. Mr Hickey was provided with a copy of the complaint at it. It is alleged that in response he accused...

6. [2021] NZACC 119 - Koloni v ACC (03 August 2021) [pdf, 238 KB]

   ...prone to lower back pain, given her age and her previous sprains and strains of the same body part. However, she submits that, despite age-related degeneration, she was, at the time of her accident, asymptomatic and very active, showing no pain, disability or impairment. She submits that the extent of the degeneration noted by medical experts at a later stage would have occurred subsequent to her accident. Ms Koloni further submits that, when, in May 2013, the Corporation granted...

7. [2021] NZACC 137 – L v ACC (30 August 2021) [pdf, 328 KB]

   ...reasonably have been expected that the acute pain associated with the procedure would have spontaneously settled (as indicated by the study of epidural analgesia). It is important to note that, not surprisingly, [the appellant] is adjusting to the disabling symptoms associated to idiopathic intracranial hypertension, specifically visual impairment and headache. These issues, as well as other concomitant psychosocial stresses, such as difficulties with rental property, would also l...

8. [2022] NZEmpC 56 Urban Décor Ltd v Yu [pdf, 290 KB]

   ...grounds relied on in order to facilitate the employer’s response, the letter itself was not equivocal, made it clear that there was a grievance to be addressed, and invited the employer to respond.9 8 Urban Décor, above n 1, at [55]. 9 Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14, [2021] ERNZ 47 at [22]. [37] The phrase quoted by the Authority falls into a similar category. While it could have provided more detail, it was not equivocal and on its own...

9. [2021] NZACC 191 - Smith v ACC (1 December 2021) [pdf, 201 KB]

   ...deterioration in vocational independence dating back to August 2004 and weekly compensation was reinstated and backdated. The appellant underwent fusion surgery in February 2010 and reportedly made a good recovery following that surgery with his ongoing disability relating mainly to his neck. A vocational independence decision was issued in February 2012, however that decision was overturned at review in May 2013. [5] On 27 March 2017 the appellant’s GP lodged an ACC in...

10. LCRO 42/2022 QA v Kennelly (19 April 2023) [pdf, 232 KB]

    ...solicitor to take a much broader view of the scope of his retainer and of his duties than will be the case with an experienced client”. More may thus be expected of a lawyer regarding a client suffering a disadvantage (whether by reason of age, disability, business inexperience, lack of education or ignorance) or who is temporally fragile. The duty of care here may require the lawyer to more carefully explain the incidents of the representation. It may even dictate active steps that...