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1. [2022] NZACC 164 — Foster v ACC (23 August 2022) [pdf, 304 KB]

   ...DAMIAN FOSTER Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent Hearing: 25 July 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: Mr B Hinchcliff for the appellant Ms F Becroft for the respondent Judgment: 23 August 2022 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Suspension of Entitlements s 117; Entitlement to Surgery S67 and Schedule1 Accident Compensation Act...

2. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

   ...letter as an attempt to intimidate them. Whatever the intent of the letter, it was factually incorrect to claim that KM had failed to lodge a claim with the Tribunal: it was Q Ltd that failed to do so. It was also inappropriate to threaten summary judgement, and potential costs of $4,000.00, when the claim was clearly in dispute. The hearing process: 11. On 1 August 2022, KM lodged his claim with the Tribunal. A hearing date of 27 September was scheduled. Q Ltd lodged its ‘co...

3. GP v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 55 [pdf, 194 KB]

   ...THE ACT BETWEEN GP Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 March 2023 Held at: Auckland/Tāmaki Makaurau Appearances: P Schmidt for the Appellant F Becroft for the Respondent Judgment: 4 April 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Impairment assessment for independence allowance - Part 4, Schedule 1, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision o...

4. Featherby v Accident Compensation Corporation (Revocation of Cover) [2025] NZACC 110 (9 July 2025) [pdf, 189 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 June 2025 Held at: Auckland/Tāmaki Makaurau Appearances: W Forster for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 9 July 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Unreasonable delay - s 134(10(b), revocation of cover – s 65, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decisions of a...

5. Punjab Knoll Body Corporate v Wellington City Council & Ors [2014] NZWHT Auckland 9 [pdf, 93 KB]

   ...respondent as The NZ House Inspection Co (Wellington) Limited, being company number 1201892. This has arisen because the seventh respondent was wrongly named due to an accidental slip or omission that was not identified and addressed before the judgment was issued. A reasonable person reading the pleading would appreciate that the claimant and/or Council meant to sue The NZ House Inspection Co (Wellington) Limited and not the entity named as the seventh respondent.1...

6. Brown v Otago Polytechnic and Progressive Enterprises (Recusal Application) [2014] NZHRRT 5 [pdf, 82 KB]

   ...way of a notice of opposition and an affidavit in reply. The Minute also noted that the recusal application meant that the proposed hearing of the strike out application at Dunedin on 12 and 13 December 2013 would have to be vacated. [15] The deadline of 6 December 2013 for Mr Brown to file and serve a statement of particulars and an affidavit passed without the required documents being filed. However, on 20 December 2013 Mr Brown filed a “submission”. In this document Mr Brown ma...

7. [2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc [pdf, 242 KB]

   ...Plaintiff AND HUNTINGTON’S DISEASE ASSOCIATION (AUCKLAND) INC Defendant Hearing: 20 and 21 July 2020 (Heard at Auckland) Appearances: A Mapu, advocate for plaintiff M Headifen, counsel for defendant Judgment: 3 November 2020 JUDGMENT OF JUDGE M E PERKINS Introduction [1] In a determination of the Employment Relations Authority (the Authority) dated 17 July 2019,1 Dipika Mackenzie’s claim against the defendant that s...

8. Barriball v Schimanski - Otaraoa-B2E Block (2021) 431 Aotea MB 256 (431 AOT 256) [pdf, 287 KB]

   ...259-260 24 August 2018, 389 Aotea MB 196-204 13 August 2019, 405 Aotea MB 94-104 12 December 2019, 412 Aotea MB 62-63 13 February 2020, 413 Aotea MB 77-81 12 October 2020, 422 Aotea MB 29-34 (Heard at New Plymouth and Masterton) Whakataunga: Judgment date 11 May 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Hei kōrero tīmatanga Introduction [1] Shirley Barriball applied for a review of the Otaraoa B2E Trust on the basis th...

9. Collective impact toolbox [pdf, 2 MB]

   ...record it. · Lock your computer screen every time you are away from it. · Make sure you have password protection on your computers, confidential documents and spreadsheets. · Lock away confidential documents at the end of the day. Trust your judgement Check again Check again Check again · Always check email and text recipients are the right ones. · Include ‘Do not distribute further’ in your email signature. · Double check, including cc and bcc. · Turn on the automatic sp...

10. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

    ...councils and others. The court is therefore significantly constrained in deci- sion-making about planning instruments under appeal. Despite suggestions by some commentators, it has any- thing but a ‘free hand’ to make policy. It is required to make judgments, and weigh various issues against each other, informed by the evidence brought to it, and based on the RMA and directions given by the senior instruments. It is our view that the New Zealand Environment Court cannot be considered in a...