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1. LCRO 23/2018 SB v ES (31 October 2019) [pdf, 129 KB]

   ...home to be owned on a tenants in common basis. (c) Mr and Mrs SB were provided with draft wills to peruse prior to execution. If those wills did not reflect their instructions, it could have been reasonably anticipated that they would have made requests for changes. (d) The 2010 will provided an accurate representation of the intentions of Mr and Mrs SB at the time instructions were provided to Mr ES. [12] Mrs SB responded to Mr ES’ submissions. It was argued that: (a) If it...

2. [2021] NZACC 67 - BH v ACC (27 April 2021) [pdf, 218 KB]

   ...September 2009. [17] An ACC claim form was completed on 10 November 2009. Referring to the injury of 24 November 2001, it noted: Hit over head with bar stool. Has had headaches since. [18] On 5 May 2011, consultant psychiatrist Dr Canton, requested an indefinite continuation of the appellant’s community compulsory treatment order. [19] In 2015 the appellant made an application to the Corporation for an independence allowance in respect of his head injury. However, th...

3. 1. JWS 1 - Primary Sector Part B - Animal Waste Storage 8-9 June 2021 [pdf, 405 KB]

   ...straw/sawdust and composting barns. 7. The technical witnesses agreed that there are differing risk profiles from different animal waste products – for example, liquid animal waste represents a higher risk than solid animal waste as the former is highly mobile and generally stored in greater volumes. 8. The focus of the witnesses turned to animal waste systems for the remainder of the conference because this is the focus of the rules in PC8 and the same systems may apply to

4. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...submitted through his lawyers, thereby increasing his legal fees. Mr AB submits that it is at least arguable that Ms CD is in breach of r 10.1. Refusal to engage in discussions to release funds [21] Mr AB accuses Ms CD of persistent silence when requested to release the funds held by EFs on account of costs. Summary [22] Mr AB says that overall, Ms CD’s and Mr EF’s conduct is conduct that “falls short of the standard of competence and diligence that a member of the pub...

5. Blaikie v Lawless - Lake Taupo Forest Trust (2022) 450 Aotea MB 247 (450 AOT 247) [pdf, 333 KB]

   ...regard to the criticisms of the Trust, in not providing Mr Lawless with documents including the Trust’s legal advice, I do not need to determine the issues raised, save to say that the Court is always available to address applications for requests for information by beneficiaries, where such requests are rejected or not responded to by the trustees. Each application will be dealt with on its merits. [82] I do agree, to some extent, that the redacted minutes of trustee meeting...

6. [2022] NZEmpC 33 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi [pdf, 311 KB]

   ...[39] On 2 February 2022, the parties attended mediated bargaining, at which the PSA tabled a settlement proposal which included a number of “outstanding issues”. They have been described in the evidence of the parties in this way: (i) A request for a salary increase of $5,800 which matched that provided to nurses/midwives who had received $4,000 of that increase as a “pay equity adjustment”. (ii) A request for a lump sum payment of $7,600 of which $1,600 related to the...

7. [2021] NZACC 170 - Keys v ACC (5 November 2021) [pdf, 371 KB]

   ...appellant worked as a process operator at Fonterra, Takanini. She had worked in that role since 1994. [3] On 25 May 2016, the appellant consulted her GP, Dr Adams, who that day lodged a claim on her behalf with the respondent. The claim form noted the accident occurred on 19 May 2016 at 10.00 am while she was operating “micro 3” working on a machine. [4] The doctor recorded she was unable to continue normal work for seven days with the additional restrictions: Res...

8. [2021] NZACC 172 – Shaftyat v ACC (5 November 2021) [pdf, 409 KB]

   ...exacerbation in January 2017, to be the probable cause of his current symptoms. There may well have been similar, milder episodes in the past. [15] On 26 April 2017, Mr Shaftyat lodged an application for review. [16] On 27 June 2017, AON requested Mr Pai, Orthopaedic Surgeon, to conduct a paper review of the case. Mr Pai reviewed the file and concluded: Mr Shaftyat’s symptoms are consistent with disc degeneration with disc prolapse at L5/S1 level. [17] Mr Shaftyat cont...

9. DL v Accident Compensation Corporation (Work Related Mental Injury) [2022] NZACC 178 [pdf, 395 KB]

   ...GP she was depressed. On 2 March 2011, her GP recorded: Also quite stressed in her life… as a result, a three-year relationship has just broken up which she is obviously upset about. [12] On 13 March 2012, her GP submitted an injury claim form for a mental injury being “depression”, noting an accident date of 13 March 2012 and the description: Depression up to 20 years caring full time for two family members with ACC covered injuries, with no plan to get their life back to...

10. Williams v Accident Compensation Corporation [2024] NZACC 118 (17 July 2024) [pdf, 210 KB]

    ...day when he worked a full day, and he had not been to work since. Dr Armstrong noted that the pain was localised to the upper lumbar area, there was no radiation, and was worse with movement. [5] On 7 September 2020, an ACC18 Injury Claim form was completed which provided the diagnosis of a lumbar sprain, for which the Corporation accepted cover. [6] On 9 September 2020, Dr Armstrong noted that Mr Williams had ongoing low back pain, okay at rest but pain on movement. [7]...