Search Results

1. Stewart v Accident Compensation Corporation (Costs) [2023] NZACC 115 [pdf, 245 KB]

   ...TARPS appointment needed to be in person. [7] On 16 June 2021, the Corporation offered train or bus options, or a standard travel reimbursement for Ms Koloni if she drove Mrs Stewart. The Recovery Coordinator also advised that, in regard to the request for payment as a support person and for the time to attend the appointment, there was no legal provision for the Corporation to pay Ms Koloni. [8] On the same day, Ms Koloni replied that bus or train travel was not suitable for Mrs...

2. Feaver v Accident Compensation Corporation (Leave to appeal to High Court) [2024] NZACC 51 [pdf, 230 KB]

   ...shoulder while lifting a carton of meat at work. She had worked for 17 seasons as a meat packer and in the carton room. [6] On 9 January 2014, Ms Feaver attended Dr Allen, GP, who filed a claim for cover with the accredited employer. The claim form described the accident as: “Lifting ... box of meat, shoulder pain, right shoulder”. [7] On 23 January 2014, Ms Feaver had her right shoulder x-rayed and scanned by ultrasound. The ultrasound revealed: 3 Impingement t...

3. Tana v Mahanga - Pukahakaha East 5B (2024) 270 Taitokerau MB 272 (270 TTK 272) [pdf, 293 KB]

   ...for legal aid to progress the notice of discontinuance hearing. 270 Taitokerau MB 279 [40] The Trust submit that because of the way that Mr Tana has conducted himself throughout the various Court processes, filing prolix and irrelevant information that were unrelated to the application, his actions amount to misconduct and an abuse of process. [41] They submit that rather than granting leave to discontinue, the Court should dismiss the application. By dismissing the applicat...

4. 2023-08-18-Submissions-of-Alan-Jamieson.pdf [pdf, 208 KB]

   ...need to be precise about foot placement and weight distribution in those circumstances can also be very tiring. I have also noticed when I last walked this way, though quite new and hardly used by walkers or cyclists, small depressions were forming on the surface. These filled with water that did not run off and the small depression turned into potholes, caused as I understand, by “pump action” of bicycle tyres amongst other causes. At one of the Ō2NL drop-in sessions, I...

5. RT v Earthquake Commission & IAG New Zealand Ltd [2023] CEIT 003 [pdf, 289 KB]

   ...important and longstanding”. EQC denies the applicant’s suggestion that it made false representations or that it breached representations made during settlement discussions. EQC suggests that the applicant has raised this allegation in order for the request for waiver to fit within Sheppard Industries Ltd where Arnold J held that ‘where there was a written settlement agreement, evidence of what occurred at the mediation could be given in support of a claim for rectification or a...

6. MacDonald v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 202 (9 December 2024) [pdf, 235 KB]

   ...Macdonald was bitten by an insect on the second toe of his right foot. He reported the bite to his GP on 24 April 2020, and the expectation was that the bite would heal. [3] On 30 April 2020, Mr Macdonald’s doctor submitted an ACC injury claim form in respect of the bite. [4] On 1 May 2020, an x ray of Mr Macdonald’s toe was taken, which revealed only soft tissue swelling. Mr Macdonald saw his doctor again on 2 May 2020. [5] On 4 May 2020, Mr Macdonald’s medical centre fol...

7. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...years. [2] This decision addresses the latest conflict between disaffected shareholders and the Tōrere Section 64 Committee of Management (CoM) who were elected at the annual general meeting of 25 May 2019. [3] On 21 February 2023, Gary Watson, formerly a member of the CoM from 2014 to 2019, applied for orders under ss 269 and 281 of Te Ture Whenua Māori Act 1993 (the Act) seeking: (a) An investigation into the affairs of the Incorporation; and (b) The removal of the CoM. [...

8. Peita v Accident Compensation Corporation (Backdated Weekly Compensation) [2025] NZACC 31 (20 February 2025) [pdf, 183 KB]

   ...the term “all necessary information” could also include “further medical or financial information”.7 The Court observed that the central focus of Kearney is the principle that the Corporation cannot rely on its own error in failing to request information as a reason for declining to make interest payments. The Court considered this to be an important principle that had not been clearly enunciated in prior authorities. [39] The Court of Appeal proceeded to consider four...

9. Wihapi v Skudder - Pukaingataru B No 3 Sec 2B No 2 [2024] Chief Judge's MB 1156 (2024 CJ 1156) [pdf, 542 KB]

   ...applicant, the application was adjourned from the 20 June 2022 hearing.1 [10] The application was set down for hearing via Zoom on 2 December and was subsequently adjourned due to a number of factors including the passing of the applicant and the request by Mr Koning that the application be heard in person. [11] The application was heard before me in Hamilton on 27 September 2023. At the hearing were Vivienne Skudder and Ida Te Pou. [12] John Koning spoke at length to his submi...

10. Malcolm v Hahipene - Te Karaka 1B2B1 (2024) 318 Waiariki MB 24 (318 WAR 24) [pdf, 264 KB]

    ...Malcolm – Te Karaka 1B2B1 (1996) 1 Waiariki Appellate MB 31 (1996 APPEAL 31). 318 Waiariki MB 26 [7] On 16 October 1996 the Māori Appellate Court made a conditional order declaring that the status of the Land was Māori freehold land at the request of its owners, Te Poroa and Grace Ritohau.3 The orders were conditional on a survey plan being filed, and it appears that the condition was satisfied, as the order was issued at 244 Rotorua MB 402. [8] In spite of the status order...