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1. McCarthy v Accident Compensation Corporation (Personal Injury) [2022] NZACC 213 [pdf, 205 KB]

   ...physiotherapist. [8] On 1 November 2021, Mr McCarthy returned to work, but his wrist began swelling and causing discomfort. He returned to the accident and emergency clinic, and was given another two weeks off work. [9] On 2 November 2021, AFFCO’s IMU requested that Mr McCarthy have an ultrasound taken of his wrist. The cost of the ultrasound was to be paid by IMU. However, Mr McCarthy declined the request for further imaging, on the advice from Dr Martin that this was unne...

2. [2023] NZEnvC 038 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 318 KB]

   ...jurisdiction to declare Māori to be European, as the historic jurisdiction which would have allowed the Court to do so was removed with the repeal of s 17 of the Native Land Amendment Act 1912. Therefore, the finding is unlawful. Poutama Trust requests that this issue is considered before going on to hear the strike out application, as the arguments for strike out hinge on the High Court’s findings. The Law The appeal is made by the Poutama Trust under s 58 of the Heri...

3. [2021] NZEmpC 142 Christieson v Fonterra Co-Operative Group Ltd [pdf, 266 KB]

   ...Mr Christieson’s lawyer, setting out its concerns about those next steps. It cited concerns with his continuing to challenge the outcome of the bullying investigation while it considered it was carried out in a fair and reasonable manner, his request for information relating to a PIP, and his allegations against a number of individuals. It considered it may be unrealistic for him to have a constructive working relationship with those individuals with whom he needed to work close...

4. New Zealand Public Health and Disability (Restriction on Crown Funding Agreements and Unfunded Cancer Medicines) Amendment Bill [pdf, 232 KB]

   ...into account that the effect of the Bill appears to enable DHBs to administer unfunded cancer medicines. We presume that decisions about the clinical benefits of doing so and the resources involved would be considered by a DHB faced with a particular request to administer an unfunded cancer medicine. 36. Overall, we consider that the measure proposed in the Bill could be reasonably open to Parliament to take in this health policy context as, on its face, the Bill’s objective appears ra...

5. [2024] NZSSAA 02 (31 January 2024) [pdf, 245 KB]

   ...____________________________________________________________________ Decision ___________________________________________________________ 1. After the hearing of this appeal, the need for further information was identified and this involved a further process where further submissions were requested. 2 Overall, this decision has taken considerably longer than anticipated and I, the Chairperson, apologise to XXXX for the delay. Introduction 2. XXXX is a pensioner...

6. McDonell v Burgess - Te Rongoroa Papakainga Maori Reservation (2023) 471 Aotea MB 9 (471 AOT 9) [pdf, 266 KB]

   ...everybody the legal principles that the Court must apply on an application for appointment of trustees. So while these are appointments to a Māori reservation, the same general rules of trust apply as with the appointments the Court makes to other forms of trust over Māori whenua. A process of election of trustees provides evidence to the Court of which candidates are supported for nomination by those present at the meeting. That is not decisive, the Court of course takes that int...

7. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...want clarification [on the suspension]”. This was a reference to the fact that Mr Taniwha had been suspended a few days earlier for an alleged border infringement.7 [12] Mr Taniwha was told he had until 15 November 2021 to respond to the request to be vaccinated. [13] The Authority recorded that on the same day, Mr Taniwha wrote a detailed letter making it clear he did not wish to be vaccinated, setting out his reasoning. His letter concluded by saying: “I am not able to...

8. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...Corporation for a review of any delay in processing a claim for any entitlement that the claimant believes has been an unreasonable delay. [52] But of course what Mr Van Essen was really after was recognition of cover for mental injury from which various forms of entitlement might then flow. Discussion [42] The issue in appeal ACR 214/21 is whether Ms Watson is entitled to a deemed decision granting cover for CRPS. [43] Ms Koloni, for Ms Watson, submits that the purpose of the ref...

9. MacNaughtan v Accident Compensation Corporation (Application for Leave) [2024] NZACC 33 [pdf, 247 KB]

   ...mid-to-late July, Mr MacNaughtan was displaying unusual symptoms such as spending excessive time showering and cleaning his hands. On 28 July 2016, his father contacted Child and Youth Mental Health Services about these symptoms. The intake/referral form stated that his family had “noticed significant change” in the prior four to five days. It noted that “Anxious type behaviours have been present before; but cleaning is new behaviour. Previously often nervous, concerned about...

10. [2024] NZEnvC 087 Waterfall Park Developments Ltd v Queenstown Lakes District Council [pdf, 812 KB]

    ...development outcomes. Only one is in contention, namely: 27.3.25.2 Protect the open space values of Christine's Hill and the rural values of the paddocks adjoining Arrowtown-Lake Hayes Road. (1 O] Those prov1s1ons are materially in the same format proposed by Mr J Brown in his rebuttal evidence.7 (11] According to the structure plan approach, WPDL proposes a number of 'Location Specific Rules' for subdivision and development at Ayrburn Farm. 7 \WDL memorandum date...