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1. Martin v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 35 (26 February 2025) [pdf, 263 KB]

   ...BETWEEN LINDA MARTIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 February 2025 Heard at: Wellington/Te Whanganui-a-Tara. Appearances: Appellant is self-represented Mr Gee for the respondent Judgment: 26 February 2025 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE JACQUI CLARK [Treatment Injury – s 32 Accident Compensation Act 2001] ____________________________________...

2. West v Accident Compensation Corporation (Vocational independence) [2024] NZACC 138 [pdf, 265 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 August 2024 Held at: Hamilton/Kirikiriroa Appearances: L Wilkie for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 19 August 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Vocational independence – ss 107-112, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 20 Dece...

3. MacGregor v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 098 (22 August 2025) [pdf, 207 KB]

   ...both a failure to provide treatment, and a failure to provide treatment in a timely manner. A point that can then be made is that the reference to provision of treatment in a “timely manner” of itself incorporates a standard. It involves a judgment that something was not done as soon as it should have been done. This must turn on some standard that can be referred to in order to make the judgment. … …in order for there to be treatment injury as a result of a failure to pro...

4. Ruapuha Uekaha Hapu Trust - Hauturu East 8 Block (2008) 134 Waikato MB 3 (134 W 3) [pdf, 10 MB]

   ...review of trust Section 238, Te Ture Whenua Maori Act 1993 NORMANTANE Applicant 16 October 2007, 127 Waikato MB 259-386 (Heard at Hamilton) Appearances : Mr Webster and Mr Koning for the Ruapuha Uekaha Hapu Trust Mr Catran for Norman Tane Judgment: 29 September 2008 RESERVED DECISION OF JUDGE S TE A MILROY Introduction [I] Hauturu East 8 block is 1.88 hectares and forms the entrance to the Waitomo Caves. The land was formerly Hauturu East IA6 and Part Hauturu East 3B 1 blo...

5. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...criminal jurisdiction are inapt. There notions of “extreme hardship” are engaged. [163] Plainly the s 95(2) requirement of desirability is significantly lower. On this issue, Fogarty J in ANG v A Professional Conduct Committee said: “As this judgment will endeavour to demonstrate, there has not been consistent interpretation and application of s 95. Second, in this judgment under appeal and other judgments, the policy disposition of the Tribunal has been consistent with the p...

6. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

   ...Billington QC and Mr D Hughes, for the First Respondent Mr M Milroy, for the Second Respondent and Second Fourth Respondents Mr D Dowthwaite, for the Third Respondent and First Fourth Respondents Mr P Mulligan, for the Fifth Respondent Judgment: 17 April 2014 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: Mr M Armstrong, Aurere Law Barristers and Solicitors, DX JP30025, Rotorua 3010 Email: miharo@aurere.com Mr J Billington QC, DX CX10258 Auc...

7. [2011] NZEmpC 125 Angus v Ports of Auckland Limited [pdf, 160 KB]

   ...BETWEEN ANDREW ANGUS Plaintiff AND PORTS OF AUCKLAND LIMITED Defendant Hearing: 4 October 2011 (Heard at Auckland) Appearances: Simon Mitchell, counsel for plaintiff Richard McIlraith and Kylie Dunn, counsel for defendant Judgment: 5 October 2011 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The issue for determination now is whether Andrew Angus should be reinstated in employment with Ports of Auckland Limited (POAL) until his personal grie...

8. Recommendations Recap Issue 18 [pdf, 736 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2018 Office of the Chief Coroner | 2018 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a

9. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...FGH Plaintiff AND RST Defendant Hearing: 25 – 29 July and 24 August 2022 (heard at Wellington) Appearances: S Henderson and D O’Leary, counsel for plaintiff M Richards and K Allan, counsel for defendant Judgment: 6 December 2022 JUDGMENT OF JUDGE B A CORKILL Table of contents Introduction ................................................................................................................... [1] Core facts .........

10. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

    ...Defendant Hearing: 5 and 6 November 2007 (Heard at Auckland) Appearances: Garry Pollak, counsel for plaintiff Helen White and Simon Mitchell, counsel for first defendant Second defendant in person Penny Swarbrick counsel as amicus curiae Judgment: 13 December 2007 JUDGMENT OF JUDGE B S TRAVIS [1] The Court must determine whether and in what manner particular contractual provisions will affect the way in which the plaintiff employer deals with the competing...