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1. [2021] NZACC 29 - Van Essen v ACC (9 February 2021) [pdf, 196 KB]

   ...noted that highly repetitive twisting and bending had been factors present in the appellant’s work since 1982. [36] With reference to the literature, Dr McBride said that the appellant’s occupation was more likely than not to cause her disability through spinal degeneration and the onset of low back pain. [37] In a report to the Corporation dated 20 April 2016, John Monigatti, Occupational Physician, provided comment on the appellant’s claim for a low back injury ca...

2. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...the following checks & balances need to be created: Data matching of NHI and an individual’s details only through independent (not govt-appointed prostitutes as at present) Parliament-appointed Privacy Commissioner together with Health & Disability Commissioner. [emphasis in original] [12] It can be seen the letter has as its exclusive focus an allegation that “the MoH breached [the Privacy Act]”. No mention at all is made of the WCDHB. [13] Also submitted with the st...

3. Te Manutukutuku 73 [pdf, 9.5 MB]

   ...on 30 April 2019, with the final reports due to be filed by 28 June 2019. Additionally, the Crown is prepar- ing three pieces of research to support the hearing of stage 2 issues : a report on Māori health trends from 1990 to 2015 ; a Māori disability statistical sta- tus report ; and a historical overview covering 1840 to 1992. These Crown reports are expected to be received by 12 July 2019.  Health Inquiry Hearings Start Students from Te Wharekura o Rākaumangamanga perform...

4. Care of Children Applying for a Court Order guide [pdf, 3.9 MB]

   ...the other person has been violent towards you or your child. • you provide evidence in your affidavit that you’re not able to participate effectively. This could be because of language barriers, they are in custody or for health reasons (physical disability, medical conditions). A Registrar can grant you an exemption in this case. See section 46E of the Care of Children Act 2004 for a full list of exceptions. Link: www.justice.govt.nz/family/care-of-children/ **Fees You will need to p...

5. Te Manutukutuku Issue 72 [pdf, 3.3 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...

6. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...co-opt specialist advice 73. During targeted consultation, it was suggested that the CCRC be given a power to co- opt specialist advice to assist with its function. Broadly comparable models for this power exist in the New Zealand Public Health and Disability Amendment Act 2010 for the Health Quality and Safety Committee, and in the Contraception, Sterilisation and Abortion Act 1977 for the Abortion Supervisory Committee. 74. We consider that this power could support the policy objective...

7. [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...

8. 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...

9. [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...

10. [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...