Search Results

1. Burson v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 36 [pdf, 270 KB]

   ...was following me found me and rang Ski Patrol, who took me to the lodge and gave me the once over and they assessed that I didn’t have any broken bones … [3] On 5 April 2013, the appellant saw his GP, Dr Smith, who lodged an ACC injury claim form with the diagnosis of “sprain shoulder/upper arm”. [4] The surgery notes for 5 April 2013 are as follows: Subjective Fell over skiing in Canada. Pain in his right shoulder ever since. Pain felt in the trapezius and neck radiat...

2. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

   ...Plan, the Council considers that the ramp must be identified on Planning Map 37 by use of the requisite symbol. [38] The Council further contends that the area used to access the beach (the dirt track) is not a ramp in a practical sense; it is an unformed track within the legal road reserve used for access to the foreshore/beach across which vehicles drive to the water’s edge (which could be a distance away of 320m depending on tide). [39] Boats can be launched into the water (and...

3. Lothian v Accident Compensation Corporation (Work Related Mental Injury) [2023] NZACC 99 [pdf, 199 KB]

   ...when she insisted she was going home. [4] On 9 April 2019, Ms Lothian’s GP, Dr Dean MacKay, recorded Ms Lothian’s report that she had been severely bullied by an officer the night before. [5] On 13 May 2019, Dr MacKay recorded that Ms Lothian requested to be certified unfit for work due to bullying that she reported to have taken place at work. [6] On 17 June 2019, Ms Lothian’s employer investigated her complaints and conducted an interview with her. Ms Lothian advised that t...

4. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   ...file for twelve months. KAM also informed Mr Cummings that its investigation did not result in it finding any evidence to corroborate his allegations regarding the alleged privacy breach. [12] Mr Cummings was not satisfied by this outcome and requested another meeting with KAM management to further discuss his complaint. On 9 November 2020, Mr Cummings and his lawyer met with the KAM management team, including the Chief Executive and Ms Ottow. At the meeting, Mr Cummings referre...

5. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   ...employees were said to be acceptable because that was a consequence of the collective agreement. [55] The Court was invited to put aside as irrelevant the union’s adverse comparison between KiwiRail’s treatment of annual holidays and other forms of leave, and because that was not a subject addressed in the Authority or raised in the statement of claim. The union’s case [56] Mr Davenport’s primary submission was that KiwiRail’s case is flawed because annual holidays...

6. Wilson - Oue 2B 2C [2025] Chief Judge's MB 169 (2025 CJ 169) [pdf, 495 KB]

   ...and will be addressed later in this report. 3. As far as can be ascertained, the application does not record specifically how the applicant is adversely affected by the order complained of. I note that the application has been filed in the format of a submission as opposed to being the prescribed application form. I note that the applicant has filed a letter in support that is attached to the application as appendix A4. That letter includes the following: “Having no such l...

7. 2025 NZSSAA 01 [pdf, 338 KB]

   ...for the Ministry of Social Development DECISION Introduction 1. This appeal considers whether the cost of kai (food) can be recognised as a “reasonable funeral expense” within the context of a funeral grant. 2. Ms XXXX’s former husband, Mr XXXX,1 passed away in October 2022. Mr XXXX was of limited financial means and in the days following his death his family applied for a funeral grant to assist with the cost of his tangihanga. A modest sum of $1,963.64...

8. [2024] NZEnvC 148 Marlborough District Council v Gifford [pdf, 352 KB]

   ...any actual or likely adverse environmental effects that have been caused by that person. That is what the order here does, by requiring engagement of a suitably qualified approved person to investigate a likely potential contamination effect to inform the position on remediation. The cases cited by Mr Gifford did not involve an investigation that was necessary for the remedy. The cases cited by Ms Besier show that if an investigation is a logical step in remedying the breach, by ident...

9. LCRO 8/2022 QQ v LW (8 October 2024) [pdf, 227 KB]

   ...application. The lawyer stated in his letter (bottom of first page) that the proceeding will be struck out. He knew that to be false 1 The first defendant was Company B Limited, the second defendants were Mr and Mrs GA. 2 [redacted] 3 Complaint Form (5 February 2021) Step 5. 3 because of Judge V decision. The statement was both inconsistent with the Justices’ conclusion but also disrespectful of the court. Mr QQ’s response Direct contact with Mr FM [11] Mr QQ re...

10. Richardson v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 161 (7 October 2024) [pdf, 247 KB]

    ...September 2022, recording the date of injury as 3 March 2022. [11] On 20 September 2022, Dr Jenny Jones, GP, certified Mr Richardson fully unfit to work from 12 September 2022 to 26 September 2022, recording the date of injury as 3 March 2022 and requesting weekly compensation for an incapacity starting on 12 September 2022. [12] On 22 September 2022, Dr Amanda Ragg, Radiologist, reported on a right wrist MRI of Mr Richardson. Dr Ragg questioned whether there was dorsal spurring...