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1. Harland v ACC [2010] NZACA 9 [pdf, 79 KB]

   ...adult, and her advocate, Mr Nee Harland. Mr Nee Harland concluded that the right party or should he say parties, are in Court. In fact he said they are both in Court and support each other. [67] Mr Nee Harland submitted that because of Grace’s disability, her age and in fact total dependence on her parents as her legal representatives as that term is used in s.97 of the 1982 Act, it really is of no practical importance that Grace signed the claim form in 2002. [68] From com...

2. Robinson v ACC [2012] NZACA 12 [pdf, 637 KB]

   ...season.6 [21] The only medical evidence of incapacity to work for any period appears to comprise the letter prepared by Mr Denis Atkinson giving an historical account of his treatment of the appellant from 8 January 1987, when he prepared a Permanent Disability Report for the Corporation. Concerning the relevant periods, Mr Atkinson said that the appellant was totally unfit for work at the date of his report. He further assessed her on 2 April 1987, and he "thought she was fit to re...

3. George v ACC [2012] NZACA 13 [pdf, 78 KB]

   ...the shoulder.” [16] On 18 December 1980, Mr McMillan also requested the Corporation cover the appellant’s current condition. He gave a detailed medical and work history and noted that the appellant was left with very considerable permanent disability at his right shoulder and as the appellant had only done labouring work in the past, he was obviously going to have difficulty in finding employment in the future. [17] Mr McMillan said at page 2 of his report: “The original o...

4. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...proceedings to be heard, determined, or otherwise dealt with, as fairly, efficiently, simply, and speedily as is consistent with justice; and (b) that are not inconsistent with the Act or, as the case requires, the Privacy Act 1993 or the Health and Disability Commissioner Act 1994, or with these regulations. [27] As noted by the Chairperson in the Minute issued on 12 August 2013 at paras [15] to [18], the basic structure of discovery before the Tribunal is (subject to all necessary...

5. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...prior to him deciding what the outcome of the process should be. About three weeks later Ms Thomas provided a brief medical certificate from Mr Butterfield’s GP that noted: He has struggled with mental health issues for some time being disabled with anxiety and stress symptoms following three assaults from former work mates. I have no doubt his mental health issues have resulted in bad decision making. Currently he [is] seeing a counsellor and taking medications. He...

6. [2018] NZEmpC 31 Ahuja and ors v Labour Inspector MBIE [pdf, 311 KB]

   ...the Authority process. [49] Dr Borren’s 11 July instruction I find subverted or pre-empted the dispute resolution process from being applied effectively as intended under the Act and the employment agreement. Dr Borren’s blatant attempt to disable any opposition to him in response or reply to the personal grievance was not an action in good faith towards Ms Manoharan. I consider, from the evidence, that his retraction, some two weeks later, did little to reassure those who fe...

7. Te Manutukutuku issue 72 [pdf, 2.9 MB]

   ...was held to discuss further planning for the second stage, includ­ ing the proposed priority issues. The Tribunal has recently confirmed that the priorities for the second stage will be (in no particular order) Māori men­ tal health, Māori with disabilities, and alcohol and substance abuse (includ­ ing tobacco). Also presented and discussed at the judicial conference was a staff discus­ sion paper that assessed the extent of the available evidence on the priority issues and recom...

8. LCRO 201/2017 ZK v XM (29 June 2018) [pdf, 288 KB]

   ...acting for a married or de facto couple on the preparation of life interest wills, it was not her practice to obtain title searches of the clients’ properties. [43] Ms XM says Mrs RM wanted Mr SP, who was not married, had no children, had a disability and lived at the property to be able to live there so long as he “paid all of the outgoings”. She says she has sympathy for Ms ZK but “[is] not responsible for [Ms ZK’s] circumstances [which] are irrelevant to [Ms ZK’s]...

9. Evidence Brief: Behaviour Management in Schools [pdf, 437 KB]

   ...Preventive Medicine, 33(2). Harvey, S., Boer, D., Meyer, L. & Evans, I. (2009). Updating a meta-analysis of intervention research with challenging behaviour: treatment validity and standards of practice. Journal of Intellectual and Developmental Disability, 34(1). Horowitz, J. & Garber, J. (2006). The prevention of depressive symptoms in children and adolescents: a meta-analytic review. Journal of Consulting and Clinical Psychology, 74. Hyoun-Kyoung, P., Perumean-Chaney, S...

10. [2021] NZACC 35 - Kinney v ACC (15 February 2021) [pdf, 202 KB]

    ...that which previously was asymptomatic does not alter that basic principle. The accident did not cause the degenerative changes, it just caused the effects of those changes to become apparent and of course in many cases for them to become the disabling feature. 1 McDonald v Accident Rehabilitation and Compensation Insurance Corporation [2002] NZAR 970 (HC). 2 At [26] citing Hill v Accident Rehabilitation and Compensation Insurance Corporation DC Huntly 189/98, 1 September 199...