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1. Goel v Barron [2022] NZHRRT 28 [pdf, 217 KB]

   ...employment. [15] There is no statutory definition of “applicant” in the HRA, so that term is to be construed in accordance with its ordinary or natural meaning. The online Oxford English Dictionary defines an applicant as simply a person who makes a request or a person who applies for some assistance or benefit. Likewise, “apply” is defined to include putting oneself forward as a candidate for a position, especially in a recruitment or selection process. There is no particula...

2. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

   ...Revitt v ACC3 where the Court said that before a generous and unniggardly approach can be taken, the legislation must be capable of being interpreted in the way suggested. And McKeffrey v ACC4 where the Court cautioned against additional verbal formulations when interpreting accident compensation statutes. [12] The evidence was that students are not expected to be paid while on placement although that was possible. The Reviewer said that to interpret “pecuniary gain” so wi...

3. Estate of Buist v Accident Compensation Corporation (Revocation of Cover/Suspension of Entitlements) [2024] NZACC 017 [pdf, 331 KB]

   ...mild glenohumeral joint effusion, significant synovitis and capsulitis, and hypertrophic AC joint arthropathy. [9] Mr Buist was hospitalised from 14 October until 30 October 2020. [10] On 15 December 2020, Dr Chris Heatherton, GP, filed a claim form. Dr Heatherton diagnosed Mr Buist’s conditions as contusion shoulder/upper arm left, pyogenic arthritis left, and rupture long-head biceps tendon right. Dr Heatherton described Mr Buist’s accident as follows: He was calving a c...

4. Te Manutukutuku 80 [pdf, 13 MB]

   ...Matariki e tiaho iho nei. Matariki e ārau ana ! Ngā mihi me ngā hua nui o te tau hou Māori ki a tatou. Tēnā tātou. It is a privilege to be introducing this issue of Te Manutuku­ tuku as the acting chairperson of the Waitangi Tribunal. The former chair­ person, Chief Judge Wilson Isaac, recently celebrated his 70th birthday, completing his term as the chief judge of the Māori Land Court and the chairperson of the Tribunal. Our trib­ ute to him features in this issue, and we...

5. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

   ...employer to address. [19] In Chief Executive of Manukau Institute of Technology v Zivaljevic, the Court summarised principles from earlier cases about what is required to raise a personal grievance:5 [36] The grievance process is designed to be informal and accessible. A personal grievance may be raised orally or in writing. There is no particular formula of words that must be used. Where there had been a series of communications, not only would each be examined as to whether it...

6. Peake v Accident Compensation Corporation [2024] NZACC 134 (6 August 2024) [pdf, 326 KB]

   ...offer from the Clinical Advisory Panel (CAP) to discuss re-measuring. Mr Light agreed fair process provide the opportunity for Ms Peake be re-measured. [4] Ms Peake confirmed in her written submissions in reply that she is comfortable with the request for re-measuring on the basis the surgeon who conducts the re-measuring does so in her presence. The Court agreed. [5] Mr Alex Lee, Orthopaedic Surgeon, conducted an examination of Ms Peake’s leg discrepancy, and provided a rep...

7. [2023] NZEnvC 188 Wakatipu Equities Ltd v Queenstown Lakes District Council [pdf, 414 KB]

   ...to the appeal by Waterfall Park Developments Limited (‘WPDL’), it supplements the findings to be made in the interim decision that will be issued shortly. For all other appeals in the List of Appellants, this decision will in due course inform our decisions or determinations on their relief. The issues for determination [4] As the parties have agreed, the issues for determination are as follows: (a) Is the WBRAZ (excepting the LP) to be treated as ‘general rural’ or ‘rur...

8. Austin v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 180 [pdf, 634 KB]

   ...Court against the decision of the District Court in this matter delivered by Judge Spiller on 6 April 2023.1 Background [2] The applicant was born in 1952. In 1982 he was prescribed Roaccutane (the brand name for the drug Isotretinoin in tablet form) to treat his acne. From 1991 to 1 Austin v Accident Compensation Corporation [2023] NZACC 59. 1996, and again in 2005, the applicant was prescribed Roaccutane. The appellant also suffered spinal pain and stiffness for wh...

9. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [pdf, 295 KB]

   ...years’ while the accident date we have been given only occurred three years ago. Unable to comment on this from the history given to me by the patient. [12] On 14 April 2020, Mr Ferguson saw Dr McLaughlin again. He prepared an ACC Injury Claim Form claim, for a WRGPI to the right wrist. The accident date was stated to be 1 April 2017 (around five months prior to Mr Ferguson first consulting the GP clinic about the wrist). The injury description was: “repeatedly doing up ratc...

10. Proactive release - COVID-19: Arbitrating Commercial Lease Disputes [pdf, 266 KB]

    I N C O N F I D E N C E DEV-20-MIN-0100 Cabinet Economic Development Committee Minute of Decision This document contains information for the New Zealand Cabinet. It must be treated in confidence and handled in accordance with any security classification, or other endorsement. The information can only be released, including under the Official Information Act 1982, by persons with the appropriate authority. Arbitrating Commercial Leases Disputes Portfolio Justice On 3 June 2020,