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1. [2021] NZACC 51 - Wylie v ACC (17 March 2021) [pdf, 206 KB]

   ...best outcome whether the patient can afford it or not. All I am saying is if there was an improvement after surgery 30 years after presenting to the doctor, then it could possibly have been able to be completely removed if the doctor had done her job in the first place – 30 years previous. [20] In her oral submissions Mrs Wylie told the Court that she first had symptoms of hand numbness just after her first baby in 1986, and it was suggested to her it might be carpal tunnel synd...

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

   ...77, he was able to do the physically demanding work of a dairy farmer. In the accident, he was thrown across a muddy, trampled, soiled part of a paddock, landing heavily on his left shoulder. Over the next couple of days, he continued his day job, but started to get sick. About a week later, he was hospitalised with septic arthritis in the left shoulder. He never fully recovered and was never able to go back fully to work. Though there was not an open wound on the left shoulder...

3. McKenzie v Accident Compensation Corporation (Personal Injury) [2024] NZACC 008 [pdf, 295 KB]

   ...earlier. The delay in treatment has caused the osteoarthritis. She now also has left knee damage because of the right knee. (e) Mrs McKenzie has suffered pain, financial loss and a negative impact on her wellbeing as a result. She also lost her job as an earlier childhood teacher. (f) Mrs McKenzie wants her right knee back so that she can walk and work. The Corporation’s Submissions [56] The Corporation submits that the evidence does not establish that the right knee medial...

4. Singh v McKee [2024] NZHRRT 3 [pdf, 259 KB]

   ...frequency and where it occurred [74] Mr McKee submitted that while the remarks about Mr Singh’s race could be seen as distasteful and were repeated, they were not frequent. Mr McKee noted the harassment did not prevent Mr Singh from doing his job as he remained working well after the conduct was complained of, there was not physical contact involved and in terms of swearing, the aggressiveness was low. [75] Whilst Mr McKee submitted the racial harassment was not frequent, Mr Si...

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

   ...creation of its policy, FENZ failed to comply with its duty of good faith by failing to protect the integrity of individual choice of its employees.34 Paragraphs 79–83 [86] The letter says that by failing to exhaust all reasonable alternative jobs available to unvaccinated personnel, FENZ has significantly injured the mental wellbeing of members of its workforce and so has breached one of its principal objectives which is to prevent or limit injury. Paragraphs 87–92 [87] Th...

6. [2024] NZEnvC 166 Scaife v Queenstown Lakes District Council [pdf, 3 MB]

   ...Imagery): Source/Credits: LINZ Data Service, Eagle Technology. Last Updated by Source: Q3 - 2002 Contours: Source/Credits: Aurum Survey. Last Updated by Source: 23 May 2016 Figure 8 - Landscape Sensitivity Areas. Copyright © Isthmus Group Ltd. Job: 4683 Date: 1 December 2022 Client: QLDC Issued For: Evidence N Dw Nb: Scale: 1:1,500 @ A3 Dw: SF Rv: MJ 0m 600m30m15m Farry croft ROW Farry croft ROW [2024] NZEnvC 166 Scaife v Queenstown Lakes District Council Final deci...

7. LCRO 131/2022 GN, YL and EK v FQ (30 June 2023) [pdf, 212 KB]

   ...complaint that Mr FQ had taken notice of and paid attention to the instructions of one particular family member, whilst ignoring the wishes of the others. [72] Complaint is made that Mr FQ had made his opinions known to the Court. [73] That was his job. If those opinions did not sit comfortably with the preferred positions of the applicants, that could not remotely provide basis for a conduct complaint. [74] But there is, despite the comprehensive nature of the submissions filed, no...

8. [2023] NZEnvC 174 Barbican Securities Limited v Auckland Council [pdf, 292 KB]

   ...in the long term. [58] On the evidence before us, the pastoral use of this land is the most likely outcome until some further application is made. At that point, these matters may well fall to be reconsidered but that is the not the present job of this Court. [59] We acknowledge the evidence of Dr Fairgray that research he undertook for the Ministry for the Environment indicated that “subdivision of productive rural land into smaller lots – typically a one-way process –...

9. LCRO 136/2023 QT v MZ (8 January 2024) [pdf, 220 KB]

   ...upon” the other party or a “legal assault and threat”. The respondent’s role was to set out the legal steps she had been instructed by TL to take, no doubt on her advice, if legally binding agreement was not reached. This is a lawyer’s job. [81] It is not the role of a lawyer assisting in a commercial negotiation to “assess the integrity” of her client‘s information. The client’s integrity is a matter for the client. [82] The respondent’s letter to the applicant a...

10. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

    ...complaint. Dr Sawyer says she saw a statement showing her colleagues had a letter from the union “expressing concern” about Dr Sawyer. [23.6] She became frightened on realising that her former colleague had good reason to fear losing his job. Her car was being vandalised and, shortly after she requested a copy of the union letter, her balcony light was shot out at 4 am. She says that she obtained a letter from the union confirming that the letter VUW held was forged. She...