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1. [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...

2. [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...

3. [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...

4. [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...

5. [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...

6. 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...

7. [2021] NZACC 147 – Langston v ACC (30 September 2021) [pdf, 328 KB]

   ...on which Mr Tonner had ceased working. Two years prior to the claim, his own psychiatrist Dr Kritzinger recorded in correspondence acknowledging the likelihood of PTSD as a consequence of the accident, that: I think retrospective attribution of disability to his mental condition will be part of an entirely different debate and may be very difficult to illuminate given the time frame since the accident. [43] For this reason, the authorities have consistently identified that the on...

8. OIA-98262.pdf [pdf, 1.8 MB]

   ...continue to protect the integrity of New Zealand elections, and voters’ access to the polls, including a review of financing rules 20.2. extend legal protections for groups that experience hate speech, including for reasons of religion, gender, disability or sexual orientation by ensuring that we prohibit speech that is likely to incite others to feel hostility or contempt towards these groups under the Human Rights Act 1993 20.3. review the Human Rights Act to better protect communit...

9. IA v Accident Compensation Corporation (Lump Sum Compensation for Permanent Impairment) [2024] NZACC 35 [pdf, 286 KB]

   ...of course, necessarily was exclusive of the effect of later injuries. [51] Mr Sumner also referred to the 19 per cent whole person impairment of Dr Fenwicke of 11 November 2010. [52] Mr Sumner points out that there is a distinction between disability and impairment and the impairment assessment we are dealing with is as at 2019. He acknowledges that impairments may increase or decrease over time. [53] He submits that Dr Meads’ assessment is flawed and he points to the concl...

10. Boyle v ACC (Deemed Cover, Weekly Compensation) [2024] NZACC 61 [pdf, 277 KB]

    ...is no way of proving that the accident caused new tearing of one or more tendon fibres. It is more likely that the accident stirred up the symptoms of Mr Boyle’s pre-existing rotator cuff tendon tearing, and the pain became so persistent and disabling that he now needs surgery. That was bound to happen, and the accident was incidental to the inevitable natural progression of Mr Boyle’s tendon tearing. … (d) To what extent is Mr Boyle’s covered sprain injury, or the index eve...