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1. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...resolution. The Standards Committee decision to censure the practitioner and impose a fine of $5,000 was upheld by the LCRO. [31] In HTO v AG, the practitioner acted in a commercial dispute about TV channels. The practitioner requested HTO to disable a website and take other actions. The offending letter stated: Our client demands that you undertake the above actions by 30th August 2011 and send us confirmation to that effect with the signed agreement on or before that date. If w...

2. Harris v Accident Compensation Corporation (Entitlement to Surgery) [2022] NZACC 231 [pdf, 310 KB]

   ...symptomatic that which previously asymptomatic 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. 2 McDonald v Accident Rehabilitation and Compensation Insurance Corporation [2002] NZAR 970 at [26]. 3 Hill v Accident Rehabilitation and Compensation Insurance Corporation [1998] NZACC 189. [56] Mr Hunt too...

3. Greenslade v Commissioner of Police (Privacy Act) [2021] NZHRRT 54 [pdf, 184 KB]

   ...[8] On 29 June 2015 Mr Greenslade was invited to attend an assessment day. As part of the assessment, he completed a Police Officer Recruitment Pre-Assessment Form (Assessment Form). The Assessment Form asks the question: “Do you have a learning disability (e.g. dyslexia)”. Mr Greenslade noted on the Assessment Form that he did have dyslexia. The information about his dyslexia is the first collection (first collection) of his personal information that is relevant to Mr Greenslade...

4. [2021] NZACC 49 - Tinning v ACC (16 March 2021 [pdf, 196 KB]

   ...referred to Mr Bonkowski’s report of 4 September 2008 where he said: … 12 months down the line I would have expected any small intramuscular tears to have largely inched themselves across and it is somewhat surprising to hear that he is so disabled by continuing pain this long down the line. This together with a subjective perception of upper limb weakness does suggest there is a strong element of chronic pain syndrome starting to colour the entire process and it is not stric...

5. [2022] NZACC 7 – Calzadilla v ACC (20 January 2022) [pdf, 361 KB]

   ...to the programme or project administrator role, Ms Watt acknowledges that the appellant does not have specific qualifications, but she does have relevant experience. She refers to the appellant’s role as kitchen manager with the Hutt Valley Disabled Services Trust and in that role she redeveloped the existing cafeteria at the Trust that would service the public. [65] She notes Mr Davies’ comment regarding this role that: Violeta has the planning and organisational skills as w...

6. Pio v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 010 [pdf, 240 KB]

   ...Pio. Dr Antoniadis noted a current diagnosis of left carpal tunnel syndrome, with left middle finger trigger finger and minor osteoarthritis in the carpometacarpal joints of the thumbs. He noted that the left carpal tunnel was the likely primary disabling syndrome and that it had a (work- related) gradual process cause. He did not see any evidence of a nerve injury caused by the surgical procedure, and, instead, thought that the chainsaw work had caused the symptoms. Dr Antoniadi...

7. Merrylees v Accident Compensation Corporation [2023] NZACC 186 [pdf, 279 KB]

   ...Edwards saw him again on 13 August 2018. He noted that the appellant’s right lateral elbow pain had come back three days earlier “having been brilliant since the last cortisone injection six weeks before”. He noted the appellant was quite disabled by his pain and causing significant problems at work, and that he was waking at night. Dr Edwards arranged for an orthopaedic review with Stewart Walsh. [12] On 17 August 2018, the appellant saw Dr Paterson, sport and exercise phy...

8. McLennan v Accident Compensation Corporation (Gradual Process Injury) [2023] NZACC 54 [pdf, 254 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...

9. Waller v Accident Compensation Corporation (Suspension of Entitlement) [2022] NZACC 235 [pdf, 272 KB]

   ...It has been noted that 19% of Patients with degenerative changes in the cervical spine remain asymptomatic, however, even a trivial injury an exacerbate or irritate the facet joints and the nerve roots in the right foraminae which can result in disabling axial neck pain or cervical radiculopathy. It is also an accepted fact that injury or any kind to the disc does accelerate the degenerative process. In my opinion, though Mr Waller has pre-existing non-compensable degenerative cha...

10. Matenga v Accident Compensation Corporation (Weekly compensation) [2024] NZACC 140 [pdf, 205 KB]

    ...back pain. Dr Offner further stated: This man has been diagnosed with a kidney stone. He now feels that the kidney stone is a consequence of his original injury and wishes to add this injury to the 4 claim. He also wishes to back date his disability/off work to 19.9.17, which I cannot easil [sic]. [14] On 24 March 2020, the Corporation advised Mr Matenga that a decision on cover for the kidney injury would need to be made by 23 July 2020, and that the Corporation had reque...