Search Results

1. Auckland Standards Committee 5 v Stuhlmann [2022] NZLCDT 16 (2 June 2022) [pdf, 120 KB]

   ...(applied in Pillai v Messiter):7 Both in law and in ordinary speech the term ‘misconduct’ usually implies an act done wilfully with a wrong intention, and conveys the idea of intentional wrongdoing. The term implies fault beyond the error of judgment; a wrongful intention, and not a mere error of judgment; ... Whether a particular course of conduct will be regarded as misconduct is to be determined from the nature of the conduct and not from its consequences. 3.7 As noted by the...

2. Leaf v Accident Compensation Corporation (Claim for loss of potential earnings) [2024] NZACC 59 [pdf, 172 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 April 2024 Held at: Hamilton/Kirikiriroa Appearances: C Leaf for the Appellant L Hawes-Gandar for the Accident Compensation Corporation (“the Corporation”) Judgment: 8 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for loss of potential earnings - s 105, Schedule 1, clause 47(1), Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decisio...

3. Queensell-Logan v Accident Compensation Corporation (Interlocutory application for orders for proposed witnesses to attend hearing in person) [2024] NZACC 099 (12 June 2024) [pdf, 240 KB]

   ...QUEENSELL-LOGAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Determination: On the papers Representatives: Mr Stephen Logan (the appellant’s father) for the appellant Ms J Maslin-Caradus for the respondent Date of Judgment: 12 June 2024 __________________________________________________________________________ JUDGMENT OF JUDGE IAN CARTER [Appellant’s interlocutory application for orders for proposed witnesses to attend hearing in person f...

4. Taufa v Accident Compensation Corporation (Suspension of Entitlement) [2023] NZACC 154 [pdf, 246 KB]

   ...149 OF THE ACT BETWEEN SIONE TAUFA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 August 2023 Heard at: Wellington Appearances: Mr A Crabb for the Appellant (via AVL) Ms F Becroft for the Respondent Judgment: 19 September 2023 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J MCGUIRE (Suspension of Entitlements – Section 117) ________________________________________________...

5. McKenzie v Accident Compensation Corporation [2024] NZACC 146 (30 August 2024) [pdf, 257 KB]

   ...ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 May 2024 Heard at: Christchurch / Ōtautahi Appearances: Mrs Judith McKenzie representing herself, with her husband Mr Allan McKenzie, for appellant Mr D Russ for respondent Judgment: 30 August 2024 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE IAN CARTER [Personal Injury / s 26 Accident Compensation Act 2001] ________________________________________...

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

   ...EDMONDSON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: H Menneer for the Appellant A Miller and A Lane for the Accident Compensation Corporation (“the Corporation”) Judgment: 19 November 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal physical injury - s 26(1)(b), Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer da...

7. Estate of N Kearney v Accident Compensation Corporation [2024] NZACC 162 (14 October 2024) [pdf, 229 KB]

   ...BEHALF OF ESTATE OF N KEARNEY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 September 2024 Held at: Auckland/Tāmaki Makaurau Appearances: J Tebbs Kearney as the Appellant B Johns for the Respondent Judgment: 14 October 2024 RESERVED JUDGMENT OF JUDGE A A SINCLAIR [Treatment Wound, s 32, Accident Compensation Act 2001] Introduction [1] This is an appeal from a review decision dated 8 December 2023 in which the Reviewer dism...

8. Arnold v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 157 (2 October 2024) [pdf, 175 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 27 September 2024 Held at: Wellington/Whanganui-a-Tara by AVL Appearances: P Schmidt for the Appellant H Evans for the Accident Compensation Corporation (“the Corporation”) Judgment: 2 October 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for weekly compensation - ss 52-53, Accident Compensation Act 1982] Introduction [1] This is an appeal from the decision of a Reviewer dated 11 March 2024. The...

9. National Standards Committee 1 v Mr H [2025] NZLCDT 49 (26 November 2025) [pdf, 165 KB]

   ...after a consideration of the interests, public and private, which are relevant in the particular case.” The weighing of public against private interests to find what the Tribunal regards as proper in the circumstances in the s 240 test. The H judgment noted16 that “the public interest encompasses the general importance of upholding freedom of speech and open justice principles and also the particular interests served by an open and transparent disciplinary process.” [26] In...

10. Mohinui 3B2B (2011) 27 Taitokerau MB 136 (18 TTK 6) [pdf, 150 KB]

    ...Sections 19 and 328, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Mohinui 3B2B BETWEEN STEPHEN TAUTARI SOPHIE HOKIMATE MAHANGA Applicants Hearing: 19 January 2011 3 February 2011 (Heard at Kaikohe and Whangarei) Judgment: 16 March 2011 RESERVED JUDGMENT OF JUDGE D J AMBLER Introduction [1] There are two applications before the Court for occupation orders pursuant to s 328 of Te Ture Whenua Māori Act 1993 (―the Act‖). Stephen Tautari seek...