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1. [2020] NZEmpC 166 New Zealand Resident Doctors Assoc v Auckland District Health Board [pdf, 336 KB]

   ...deals with two questions that have arisen regarding s 62 of the Employment Relations Act 2000 (the Act) and how it applies to Resident Medical Officers (RMOs) employed by District Health Boards established under the New Zealand Public Health and Disability Act 2000 (DHBs): (a) Are RMOs “new employees” for the purposes of s 62(3) of the Act when, as part of their training, they move from one DHB in the Auckland region to another DHB in that region? (the first question)1 (b)...

2. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...Hauora o Tainui. Claimants brought allegations con- cerning the ways the primary health care system in New Zealand has been legislated, administered, funded and held to account by the Crown since the passing of the New Zealand Public Health and Disability Act 2000. The tribunal NOHO marae: Judiciary and staff from the Waitangi Tribunal Unit at Maraeroa marae in Porirua, 15 October 2019. Staff gathered for a two-day noho marae to focus on whakawhanaungatanga (relationship building and...

3. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

   ...prohibited grounds of discrimination in s 21 HRA. 46. There are some persons who may not be vaccinated for reasons protected under s 21 of the HRA, for example, medical reasons preventing vaccination would likely fall within the definition of ‘disability’ in s 21 HRA. Persons who are unvaccinated for this reason may be treated differently from vaccinated persons in relevant orders. There is therefore the potential for s 19 of the Bill of Rights Act to be engaged by these orders....

4. [2022] NZACC 55 – Griffith v ACC ( 5 April 2022) [pdf, 233 KB]

   ...reviewer and the District Court’s job will be to apply a traditional approach to an analysis of the competing expert evidence. For example, how do the medical practitioner’s particular qualifications and experience relate to the claimant’s disability? What is the quality of the medical report, including the thoroughness of the detail? There will be a range of other factors that will be relevant in individual cases. [42] In Wildbore v Accident Compensation Corporation, Judge C...

5. Hoban v Attorney-General [2022] NZHRRT 16 [pdf, 161 KB]

   ...against and silenced. He believes that while others are protected by HRA, s 61 he is treated differently because of his sexual orientation. He would like to see the legislation changed to include other groups, such as transgender and persons with disabilities. [8] While the Attorney-General called no formal evidence, he did rely on legislative fact evidence containing the legislative history, policy rationale and parliamentary consideration of HRA, s 61. Those documents were included...

6. [2021] NZACC 114 - Stalmann v ACC (3 August 2021) [pdf, 267 KB]

   ...ACC still have decided to reject the claim. [29] He says that while the appellant was awaiting the decision she had further adhesions in her bowel which resulted in two major operations in October 2015, during which her large intestine was disabled and she got a stoma. He says: My wife now has to live with a coloplast bag for the rest of her life, which could have been prevented if she had the assistance for the cost of keyhole surgery for the adhesions. [30] He also says:...

7. [2021] NZACC 182 – Sutherland v ACC (16 November 2021) [pdf, 363 KB]

   ...roles that the appellant may undertake. [79] She submits that Dr Scott fairly dismisses five of the work roles on the basis of identified limitations following her injury. [80] As to Mr Macann, Ms Becroft says that he has “overcooked” her disability; that he really does not understand her work experience and has diminished her abilities. [81] She submits that the appellant has shown the ability to learn on the job and that this has been lost on Mr Macann. [82] She submit...

8. [2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [pdf, 266 KB]

   ...review will be completed this week. employees. Under the code employers during industrial action are to provide for patient safety by ensuring that life preserving services are available to prevent a serious threat to life or permanent disability. [24] After the strike notice was issued the plaintiff and defendant entered into an agreement for union members to supply life preserving services during the strike. That agreement provides for a minimum number of nurses to b...

9. Dickinson - Succession to Paurini Paengahuru [2025] Chief Judge's MB 1267 [pdf, 307 KB]

   ...beneficiary in whom an interest is so vested shall receive an interest of a value of less than ten pounds. (3) For the purposes of paragraph (c) of subsection two of this section, any agreement or arrangement may, in the case of a person under disability, be entered into or made on his behalf by his trustee appointed under Part 10 of this Act, or if no such trustee is appointed, by any other responsible person. (4) After making such dispositions (if any) as in its discretion it s...

10. Ataera v Accident Compensation Corporation (Personal Injury) [2025] NZACC 117 [pdf, 197 KB]

    ...Armstrong submits the effect on Mr Ataera is explained in his affidavit5. [58] Other factors were identified and acknowledged by Ms Armstrong – not being able to work, delay in getting the surgery for the meniscal tear which prolonged the pain and disability experience, difficulty sleeping, and social isolation, conflict with his employer due to perceived shortcomings in the management of his injury claim and financial instability due to the loss of income. Ms Armstrong, relying on...