Search Results

1. [2021] NZACC 124- Singh v ACC (4 August 2021) [pdf, 355 KB]

   ...for personal injury. The injury must be caused by an accident to the person. Accident in s 25 is defined as a specific event or series of events, other than a gradual process, that involves the application of force or resistance external to the human body. Section 25(3) makes it clear that the fact a person has suffered a personal injury does not mean that personal injury was caused by an accident. Section 26 of the Act provides that personal injury does not include persona...

2. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. … (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h). [29...

3. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...more readily appear to shake off the effects of another’s egregious behaviour. Any compensation for hurt and humiliation in those circumstances, will reflect that. The emphasis is on restoring a victim of wrongdoing. 16 See for example the Human Rights Act 1990 and the Privacy Act 2020. 20 [127] Further, comparison with awards of compensation for hurt and humiliation in other jurisdictions is not necessarily helpful or instructive – again because of the entirely subje...

4. v2.3-Induction-guide-for-legal-aid-providers-April-2017.pdf [pdf, 714 KB]

   ...• breaches of contract • defamation • bankruptcy. Civil legal aid may also be available for proceedings before tribunals or specialist courts such as the: • Employment Relations Authority • Employment Court • Environment Court • Human Rights Tribunal • Legal Aid Tribunal • Māori Land Court and Māori Appellate Court • Refugee Status Appeal Authority • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal....

5. OIA-105083_Part1.pdf [pdf, 8.7 MB]

   ...seeking their criminal record check / history. You can use our standard lines to direct the requester to the appropriate in box or form to request this information. The requester may be a former employee and may be seeking information held by the Human Resources function or their previous Manager/s. This will need to be logged and directed to People and Performance or their previous business unit, as appropriate. Many requesters do not provide their date of birth or reside...

6. Tucker v Accident Compensation Corporation (Personal Injury and Social Rehabilitation) [2024] NZACC 78 [pdf, 255 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [46] Section 26(1)(c) of the Act provides that “...

7. OIA-109631.pdf [pdf, 3.4 MB]

   ...a legal claim seeking a declaration that it is inconsistent with one of the fundamental rights protected under the New Zealand Bill of Rights Act 1990 (for example, section 27 – the right to justice). There may also be criticism from international human rights bodies in their periodic reviews of our compliance with international treaties. 16. Discrimination and institutional racism in the sentencing process and legislative provisions is included in live claims filed with the Waitangi Tribuna...

8. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...workplace culture report. It is apparent that the report was prompted by a range of issues within the company’s Auckland office. The report writer spoke to a selected group of staff, including Ms Lincoln, the staff member and Mr Cotter (the human resources manager). Mr Pyne was not spoken to by the report writer. [8] Ms Lincoln had a meeting with Mr Pyne about the 2019 events and other issues on 6 January 2020. She prepared a file note of her discussion and followed up with...

9. [2024] NZIACDT 22 – QN v Nandan (29 August 2024) [pdf, 229 KB]

   ...Conduct amounting to negligence or malpractice is behaviour which falls seriously short of acceptable practice. ... Mere inadvertence, or oversight, even carelessness will not in every context constitute conduct falling “seriously” short. But such human error did not account for Dr Liston's repeated failure... [114] The Court in Liston considered Vatsyayann and stated that it did not take that decision as indicating a requirement for professional misconduct to be serious or at t...

10. OIA-119801.pdf [pdf, 4.9 MB]

    ...disproportionate response is used by retailers/members of the public and that retailers/members of the public are seriously harmed when responding; as use of force to detain an alleged offender could quickly escalate a theft situation into violence. Human error/bias (racial profiling) could result in the wrong or innocent person(s) being identified. Consideration of Health and Safety Legislation: The clarification of the legislation and removal of the wording (around level of force used) ma...