Search Results

1. 2023-09-26-Evidence-of-Sean-Mallon.PDF [PDF, 1.2 MB]

   ...as part of the Taylors Road Interchange when it was lodged with the Council on 1 November 2022. [34] The Council supports the Ō2NL Project. However since Option 2 was incorporated into the DBC, KCDC have continued to raise its concerns and requested a suitable two-way alternative arterial connection be incorporated into the design (as was initially proposed as part of Option 1). [35] Council remains of the view that the existing alternative local connection via the underpass...

2. [2023] NZREADT 27 – Sharma v CAC 1901 & Brake (3 October 2023) [pdf, 122 KB]

   ...relief (by reimbursement of expenses) where rectification of Ms Brake’s error was not practical, in accordance with the Committee’s discretion under s 93(1)(f)(ii) of the Act. Plainly, there could have been no rectification of the omission to inform the purchasers of the burglaries after settlement (prior to settlement, rectification might arguably have involved cancellation of the sale and purchase agreement). [46] The Committee found that it was not appropriate to make an ord...

3. [2023] NZEmpC 117 Downer New Zealand Ltd v King [pdf, 240 KB]

   ...Judgment: 3 August 2023 REASONS JUDGMENT OF JUDGE K G SMITH [1] Yesterday I granted an application by Downer New Zealand Ltd without notice for freezing orders and ancillary orders affecting the assets of the company’s former employee, Joseph King. This decision contains the reasons for the applications being granted. [2] In summary, Downer intends to issue proceedings against Mr King in the Employment Relations Authority alleging significant departures f

4. Prasad v Accident Compensation Corporation (Leave to Appeal to the High Court) [2025] NZACC 34 (26 February 2025) [pdf, 280 KB]

   ...it may well be a factor in the aetiology of his arthritis. At his young age, we would not be embarking on major surgery like a joint replacement and it may be that an arthroscopic debridement procedure is where we are heading… [16] Mr Ball requested surgery funding for arthroscopic debridement, capsular release, and chondroplasty. In the ARTP, Mr Ball noted that Mr Prasad was only 49 years old. He noted an x-ray report suggested the possibility of an old Bankart injury althoug...

5. Soulsby v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 204 (11 December 2024) [pdf, 272 KB]

   ...ACAR 82/23. For that reason, His Honour concluded there was no basis to consider leave in respect of appeals ACAR 19/23 and ACAR 20/23. [4] On 29 July 2024, Ms Becroft informed the Court of the additional two applications for leave and she requested the Court consider issuing additional decisions regarding ACAR 19/23 and ACAR 20/23. [5] The two leave applications were transferred to me on 9 December 2024 for determination. The law applying to leave to appeal applications...

6. [2025] NZEmpC 19 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 218 KB]

   ...circumstances of the case. (d) The weight to be given to the intention of the parties is unclear. The Court of Appeal in Rasier did not address the relevance of an individual’s vulnerability or capability and the extent to which they made an informed and free choice to enter into a contract of service. This ground pleaded that the subject was not dealt with in Bryson. (e) There is significant public interest in the Rasier decision and the issue of employment status generally...

7. Jack v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 32 (24 February 2025) [pdf, 185 KB]

   ...treating providers should have adopted a different treatment path as best vascular practice should have been to urgently improve the arterial inflow. Had the Wellington hospital performed the angioplasty and cleared the artery behind the knee when requested by Whanganui hospital, this could have prevented the loss of his leg or significantly reduced the amount of leg that needed to be taken off. Instead, he has been confined to a wheelchair for the rest of his life. The surgeon...

8. Wharewera - Succession to Ani Maaka or Annie Maaka [2024] Chief Judge's MB 1299 (2024 CJ 1299) [pdf, 460 KB]

   ...Sandra Popoia Maaka-Ham who accepted that an error had been made but wanted to note that the error was made by the Court and not her father, Golan Haberfield Maaka.3 Bradford Haami submitted that if an error was made it should be rectified and requested further time to verify documentation on the land claims of Ani Haberfield Maaka.4 Te Nohonga a Te Kooti The Hearing [7] The matter was heard by me on 26 March 2024.5 Sandra Popoia Maaka-Ham was present and I acknowledged her po...

9. Edmondson v Accident Compensation Corporation (Personal Injury) [2024] NZACC 183 (19 November 2024) [pdf, 212 KB]

   ...reassured her that structurally her heart is normal. I have suggested she starts Cochicine 0.5mg twice daily in order to hasten the recovery from any element of pericarditis. [17] On 20 September 2022, Dr Drexel filed an ACC18 medical certificate requesting cover for the additional diagnosis of acute pericarditis. [18] On 7 December 2022, Dr Helen Shrimpton, Medical Advisor, advised: 1 Is there sufficient clinical evidence to support the diagnosis of ‘acute pericarditis’?...

10. About the Tribunal

    ...full-time to complete a doctorate in Clinical Psychology. Her work experience combined with her studies in law and psychology give her a wide perspective on societal and cultural issues.  Deborah Hart Deborah Hart is the independent chair of the newly formed Retirement Villages’ Residents’ Council.  She also chairs the Holocaust Centre of New Zealand and the Consumer Advocacy Council which advocates for residential and small business electricity consumers and serves on the formati...

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