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1. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

   ...prejudice does not exist and it is not permissible to refuse to estimate an earnings figure or refuse to pay weekly compensation back to the date of incapacity. [6] Mr Schmidt will submit that only in cases of extreme prejudice, where there is no probative evidence of incapacity or earnings, could this approach be justified and that this does not occur here. [7] The Reviewer’s decision was that the 1982 Act does not allow an estimate of earnings to be made with respect to self-...

2. Chalecki v Accident Compensation Corporation [2015] NZACA 12 [pdf, 282 KB]

   ...evidence do not apply to the admissibility of evidence before the Authority (section 109(5) of the 1982 Act), so the documentation adduced in evidence is all admissible to prove the existence of the policy and its limit, though issues of weight or probative value can arise. Having acknowledged that, I was left in no doubt as to the existence of the policy and the $5,000 limit under the 1982 Act. [84] As for that limit of $5,000, it is not possible to say how it was arrived at. I...

3. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

   ...witness concerned was the school’s adviser from the New Zealand Schools Trustees Assn during that time. I am also not satisfied that, in view of the different allegations now being made, the witness would have been able to give such relevant and probative evidence that his absence now means that the BoT is prejudiced to the extent asserted. No attempt has been made to specify exactly the material way that that witness would have been able to assist now. [41] Mr White...

4. [2022] NZEnvC 252 Page v Whanganui District Council [pdf, 349 KB]

   ...Decision by Judge Dwyer in Relation to the Order and Decision for Costs Issued by the Environment Court on 11 March 2020”, where similar bad faith allegations were found to be of a “particularly serious kind”, not being supported by any probative, independent or intelligible evidence;25 (b) an Environment Court decision in 2013 striking out an application by Mr Page for a rehearing of the Council’s application for an enforcement and subsequent costs application, which we...

5. [2021] NZACC 174 - Crockford v ACC (5 November 2021) [pdf, 420 KB]

   ...received. The Reviewer inferred this from Mr Mills’ initial refusal to engage with ACC on that issue, and from the significant increase in his earnings in 2005. These are findings of fact and the inferences were there to be drawn in the absence of probative evidence pointing the other way. There was no countervailing evidence. [50] Mr Hunt distinguishes Rockx on the basis that in that case with his considerable disability and with the hiring of persons to carry out his former...

6. IPT Practice Note 4/2023 Deportation Non-Resident [pdf, 384 KB]

   ...it will refuse to issue or will set aside a summons where it is satisfied that it is proper to do so. Without limiting the circumstances, the Tribunal will do so where it is not established that the intended witness is able to give relevant and probative evidence, where there has been an abuse of process, where the summons was irregularly obtained or issued, or where the summons was taken out for a collateral motive or is oppressive. DETERMINATION 17. ORDER OF DETERMINATION AND...

7. [2023] NZEmpC 181 Henderson Travels Ltd v Kaur [pdf, 296 KB]

   ...Court of Appeal’s decision in Talbot v Air New Zealand Ltd applies; that is that the recording and consequent transcript are prima facie admissible.8 He submitted, however, that the prejudicial effect of admitting that evidence outweighed its probative value. The prejudicial effect relied on was the possible “chilling effect” that would follow on “workplace cooperation, collaboration, open settlement discussion and frank exchange of problem solving”. [36] Supplemen...

8. OIA-111634.pdf [pdf, 2.3 MB]

   ...eligibility. A person must disclose a past criminal record under certain circumstances. For example, if their criminal record is relevant to any criminal or civil proceedings, if they have applied for certain jobs (e.g. Justice of the Peace, prison officer or probation officer) or if they apply to be a foster parent or caregiver. Out of scope Out of scope RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 11 for a reduced clean slate period...

9. Tautari - Succession to David Hugh Peters (2024) 275 Taitokerau MB 263 (275 TTK 263) [pdf, 395 KB]

   ...[1] This is an application for succession filed by Marie Tautari and Winston Peters in respect of the estate of David Hugh Peters (David) who was their brother. David passed on the 19th of January 2022. He left a will dated 19 December 2011 and probate was granted by the High Court at Wellington on the 8th of April 2022 under number CIV-2022-485- 603367 in favour of Marie Tautari and Winston Peters as the executors. [2] David was in a de facto relationship at the time of his passing...

10. O’Rourke v Accident Compensation Corporation [2024] NZACC 166 (22 October 2024) [pdf, 279 KB]

    ...migraine”, and to do an MRI only if visual aura symptoms went on for more than an hour. (ee) On 18 March 2021, the GP queried stress-related symptoms, analgesic overuse headache, and to stop regular paracetamol as a trial: Finished up work at probation a few weeks ago, coincided with a really stressful event. Is going to work for SVS - starts in 2 weeks. Feeling really stressed. Describes having a constant headache for past ?4 weeks. Taking paracetamol constantly. Some photophob...