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1. [2021] NZACC 69 - Auva'a v ACC (28 April 2021) [pdf, 312 KB]

   ...for Mr Auva’a and unsustainable. This position was also likely to involve more or less constant driving. • Mr Auva’a currently works in sheltered employment with a long-term employer providing supervision, training and allowances for his disability. If Mr Auva’a was obliged to give up this work and attempt any of the suggested five vocations, it was more likely than not that he would be unable to manage due to his injuries. [38] Mr Auva’a’s manager, Terry Brown, provi...

2. Te-Manutukutuku-Issue-79.pdf [pdf, 11 MB]

   ...Tribunal received an application from claim­ ants on behalf of the New Zealand Māori Council. They requested that an upcoming hearing within the health services and outcomes inquiry (Wai 2575) of claims concerning Māori with lived experience of disability be deferred in order to enable a priority inquiry into claims on the Crown’s vaccine rollout and planned transi­ tion to the COVID­19 Protection Framework (known as the ‘traffic light system’). The Tribunal agreed to gran...

3. OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV 20210628 [pdf, 481 KB]

   ...father’s eyesight was so 10 impaired that he was blind in 50% of both eyes and he was unable to read those documents, and that’s unfortunate, but we did inform the Otago Regional Council, and it had very little patience or consideration of the disability. Under time pressure, that permit or that consent was renewed, but in the 15 process of that renewal of that consent, now referred to as 94655, it resulted in a change in the locations that we were allowed to take water from,...

4. [2021] NZACC 135–NT v ACC (10 August 2021) [pdf, 285 KB]

   ...instead, to an unidentified drug taken unknowingly that escaped detection. In my view, this is not a case in which a clear inference of spiking can be made. I would let cover stand, for acute ethanol toxicity. It would track entitlement for its disabling effects for as long as they persisted. Assessment at hospital on the morning after the party showed no evidence of bodily harm or tissue damage, only an elevated blood ethanol. The absence of injury has been confirmed by a neu...

5. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...for defendant Judgment: 22 February 2023 JUDGMENT OF JUDGE K G SMITH [1] Virginia Henry began working for South Waikato Achievement Trust (the Trust) in 2000. The Trust is a community residential service for people with disabilities. By August 2017, Ms Henry had been promoted to a managerial position as “2IC Residential Co-ordinator”, one of two positions reporting directly to the Chief Executive Officer, Russell Ensor. [2] Ms Henry was summarily dismis...

6. [2021] NZACC 101 – OM v ACC (12 July 2021) [pdf, 271 KB]

   ...has made slow progress in all areas from the growth motor milestones point of view but he was clearly right handed from way earlier than he should have been and on examination on 23 May 2012 had all the signs of left hemiparesis. This is not too disabling but I am sure it partially explains all his issues so far. He does have difficulty in pronouncing words however but no feeding difficulties early on and I presume his pronunciation issues are related to this as well. He has...

7. Nedelcu v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 191 [pdf, 339 KB]

   ...symptomatic that which previously was 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.16 [57] A further example is the case of Sparks v Accident Compensation Corporation17 where Judge Ongley said: The legal test for entitlements requires sufficient evidence to show that need for assistance arises as...

8. COURTS126-Lets-talk-court-booklet-2019-Print.pdf [pdf, 3.8 MB]

   ...understand what is being said and answer questions clearly. If English is your second language it can help to have a translator even if your English is good. It can be stressful in court and you don’t need other things to worry about. If you have a disability including hearing, sight, intellectual, mental health or physical difficulties, you or an adult need to tell the police. They can arrange things in the courtroom to help you. This may include an interpreter if you are deaf....

9. Tuhaka v Samuels - Succession to Kahukuranui Piwari [2025] Chief Judge's MB 728 (2025 CJ 728) [pdf, 586 KB]

   ...interest, but no person shall be excluded from any interest to which that person is entitled without that person's consent. (4) For the purposes of subsection (3)(c) of this section, any agreement or arrangement may, in the case of a person under disability, be entered into or made on behalf of that person by a trustee appointed under Part 12 of this Act, or, if no such trustee is appointed, by any other responsible person. (5) Where any beneficial freehold interest in land has...

10. Skipper v Gibson - Ngāti Tawhirikura Hapū Charitable Trust (2025) 498 Aotea MB 148 (498 AOT 148) [pdf, 415 KB]

    ...quality including of the Waiwhakaiho River and the project known as the Wai Project; (iii) providing support and assistance in respect of education, housing, healthcare, age care and relief of those suffering from mental or physical sickness or disability; (iv) developing and enhancing of community cultural facilities for the benefit of Ngāti Tāwhirikura Hapū and the wider community; (v) providing funding for the cultural and social development of the Ngāti Tāwhirikura...