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1. [2021] NZACC 177 – Williams v ACC (5 November 2021) [pdf, 454 KB]

   ...treatment injuries, was correct. Background [2] The appellant had cover for “a sprain of shoulder and upper arm” on both the left and right sides as a result of a water blasting event on 27 August 2017. The description of injury in the claim form, completed on 29 August 2017, was: Water blasting – has given me a sore neck and shoulders. [3] From 26 March to 5 May 2018 Mr Williams attended a number of chiropractic appointments as part of the treatment for his injury,...

2. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

   ...Mr Reith. Ms L signed this document on the understanding that it was the only way in which she could secure the ongoing services of her lawyer in proceedings that were well underway. [21] It is acknowledged that at no time was Ms L invited or requested to obtain independent legal advice on this document. The Deed provided authority for the firm (MMP5) to not only lodge a caveat against her property but also execute a second mortgage against her property. Ms L did not understand...

3. R v Secretary for Justice [2024] NZRA 001 (23 February 2024) [pdf, 240 KB]

   ...additional case examples demonstrating the Applicant’s ability to act in-court in jury trials (such as cross-examination of witnesses or the delivery of closing addresses) might have assisted. (e) The selection committee noted the Applicant’s request for conditional PAL 3 approval, restricted to matters in the Youth Court, if the substantive application was declined. The selection committee did not consider that to be a suitable option, due to the lack of a strict requireme...

4. [2021 NZACC 134 – Western v ACC (17 August 2021) [pdf, 386 KB]

   ...significant pain. She had to immediately stop what she was doing to rest and mitigate the pain through medication and heat application. She attempted to work for a number of weeks before finally realising she needed medical attention. A claim form was completed on 18 August 2015. [7] Her GP was unsure of the nature of her injury and she was referred to Dr Anglem, Sports Physician, for assessment. [8] Dr Anglem noted tenderness to the lower back, particularly on the right side...

5. HM v Accident Compensation Corporation (Personal Injury) [2024] NZACC 004 [pdf, 199 KB]

   ...court, to lead evidence on all points that were investigated, whether strictly obliged to or not. [16] In Allenby v H,2 the Supreme Court stated: [66] Where, however, the medical misadventure involves misdiagnosis of a disease, perhaps without any form of treatment being given, it is not a natural use of language to speak of the progression of the disease (say the enlargement of a cancerous tumour and the spreading of the cancer to another part of the body) as a physical injury. Y...

6. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...your individual rehabilitation programme is now complete and plans to assess your vocational independence”. [17] On 16 October 2012, ACC completed a Vocational Independence Occupational Assessment Report Complex. [18] On 1 November 2012, ACC requested Dr Murray, GP, to carry out a Vocational Independence Medical Assessment. [19] Mr Beker has a complex claim history including both accident and non-accident injuries and conditions. [20] In his report of 6 November 2012, Dr...

7. Estate of Te Aonui v Accident Compensation Corporation (Personal Injury) [2023] NZACC 147 [pdf, 375 KB]

   ...to lie down when not at work. … Feels 7/10 pain buttocks now 9/10 at work. Took pain killer before work. He has been restricted in movement. [19] The GP’s impression was: Coccygodynia? Sciatica. [20] On 19 March 2019, GP, Dr Munro, requested an MRI scan noting: This gentleman had a back injury on 12/10/18 and has had ongoing problems since. Slipped on a wet floor, landed heavily on back and hit head. He came to see us the following week and the ACC claim was initiated...

8. [2011] NZCA 595 CA439/2011 New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [pdf, 293 KB]

   ...25 Set out at [17](b) above. Leave to appeal [26] The issue of whether the BPA was breached26 is a mixed question of fact and law. In any event, it concerns the interpretation of a document that relates to these parties only and is in a form that is unlikely to be repeated in the future. It can thus have no wider importance. Leave to appeal is declined on this issue. [27] It is implicit in the Employment Court judgment that the compliance order was made on the basis of a br...

9. [2023] NZREADT 19 - NQ v Real Estate Agents Authority (CAC 2104) (9 August 2023) [pdf, 169 KB]

   ...and referred to a fifth bedroom which could not be classified as a bedroom. Agency responds to complaint [24] The agency responded to the complaint on 4 March 2021.5 The sequence of events at the auction was set out. The purchaser had not requested that his bid of $2M be withdrawn. No concerns had been raised by him during the auction process or at the time the sale and purchase agreement was signed. 4 Email (17 February 2021) from the purchaser to the agency at 72–73 o...

10. [2023] NZEnvC 139 Ka Runaka v Queenstown Lakes District Council [pdf, 512 KB]

    ...Rūnanga – ENV-2022-CHC-55. 3 consent rather than representing a decision or determination on the merits pursuant to s297. The court understands for present purposes that: (a) all parties to the proceeding have executed the memorandum requesting this order; (b) all parties are satisfied that all matters for the court’s endorsement fall within the court’s jurisdiction and conform to the relevant requirements and objectives of the RMA, including in particular, pt 2....