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1. [2022] NZACC 92 - Carey v ACC (18 May 2022) [pdf, 298 KB]

   ...to cancel or suspend compensation that is later overturned on appeal.9 Mr Carey also refers to the District Court’s earlier decision, in July 2013, where it found that “to this point” Mr Carey had not vocational independence.10 Mr Carey requests interest to be awarded for backdated weekly compensation from 5 July 2002, the day after weekly compensation ceased. Discussion [27] To succeed in obtaining leave to appeal, Mr Carey is required to show that Judge McGuire’s deci...

2. [2022] NZACC 156 – Chalmers v ACC (16 August 2022) [pdf, 262 KB]

   ...thromboembolic issues such as DVT and PE, infection, non-union, mobility from use of either autograft or allograft bone for the fusion, positioning issues including blindness and incomplete resolution of symptoms. I have advised that if the procedure is performed posteriorly, one often needs to sacrifice a thoracic nerve root which can result in some numbness around the chest wall. Alternatively, if the surgery is performed through the thoracotomy then there is some morbidity associ...

3. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...the Court has effectively supported its approach, which has “progressively disabled” the dispute resolution process set out by Parliament. [17] He submits that the Authority has accordingly given itself power to make random orders at the request of employers, and this has gone as far as legalising injustice and offences, which the Court has supported and validated. [18] Then he states that in dealing with the issues arising in this case, the Court has bestowed powers on the...

4. [2022] NZACC 162 — Folkema v ACC (18 August 2022) [pdf, 273 KB]

   ...urgent treatment. He was diagnosed with a “severe class II division 1 malocclusion with severely increased overjet and palatally impinging overbite, retruded dentition, very prominent chin, and a very low anterior face height”. Mr Folkema was informed that he would lose his front teeth if he did not have treatment immediately. Accordingly, he had braces fitted. The orthodontist suggested orthognathic surgery. [4] When Mr Folkema returned to New Zealand, he consulted Dr Quick...

5. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...Employment Relations on 17 June 2020, essentially dismissing APEX’s concerns and advising that the DHBs had no obligation to make offers to APEX members based on agreements reached with the PSA. TAS provided further information to APEX in answer to a request under the Official Information Act 1982. The principal issue is around preference [30] Section 9 of the Act, around which the case revolves, provides: 9 Prohibition on preference (1) A contract, agreement, or other arr...

6. Tutt v Accident Compensation Corporation (Deemed Cover) [2023] NZACC 72 [pdf, 274 KB]

   ...that his client’s condition was wholly or substantially caused by pre-existing conditions. Decision [50] On 10 February 2020, the appellant, then aged 28, had an accident whilst playing with a frisbee at a wedding celebration. In the claim form lodged with ACC two days later, the description of the accident was: Playing frisbee and jumped to catch it and somehow twisted my lower back. [51] In a telephone interview with ACC on 17 February 2020, described the accident as fol...

7. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...history briefly. [50] Letters were sent by Mr Henderson on 14 June 2021 raising the possibility of limited arbitration followed by mediation, and again on 17 June 2021 proposing mediation. Ms Richards responded on 18 June 2021, acknowledging the request that the parties attend urgent mediation, and stating that RST fully supported this occurring, and that it should take place no later than 9 July 2021, and preferably much earlier. [51] On 2 July 2021, Mr Henderson wrote to Ms Richa...

8. Wiri v Tuuta-Rurehe - Lot 62 DP 7991 Ruapani Ki Waikaremoana (2024) 127 Tairawhiti MB 199 (127 TRW 199) [pdf, 282 KB]

   ...of any proposed trustees, and be satisfied that any appointment would be “broadly acceptable” to the beneficiaries. [51] Based on the information as to the respective qualifications, experience and knowledge recorded in the signed consent forms of the proposed trustees and the responses provided by the proposed trustees at the 6 September 2024 hearing, namely that they understand the terms of the trust order, their obligations as trustees; and their stated commitment to undert...

9. [2024] NZEnvC 214 Genesis Energy Limited v Waikato District Council [pdf, 1008 KB]

   ...under section 279(1) of the Act, such order being by consent, rather than representing a decision or determination on the merits. The Court understands for present purposes that: (a) All parties to the proceedings have executed the memorandum requesting this order; and (b) All parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction, and conform to the relevant requirements and objectives of the Act including, in particu...

10. [2025] NZREADT 21 – BS & QS v Upton (16 June 2025) [pdf, 270 KB]

    ...fresh water, as well as power and phone to the driveway. [6] On 7 January 2021, Mr Upton sent an email to the purchaser repeating that on every site there was unlimited fresh water, as well as power and phone to the driveway. He attached an Information Memorandum stating:1 Sealed access, water, power and phone are to the approved building sites. [7] On 10 and 12 January 2021, the purchaser asked for any geotechnical reports on the section. On 13 January, Mr Upton sent him two...