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1. [2022 NZACC 59 – McPhail v ACC (12 April 2022) [pdf, 328 KB]

   ...claimant. In addition the Court is not only ill suited to determining what might be reasonable costs in a particular instance having regard to the economics of private legal practice, but any such attempt would impose a significant burden on judicial resources should every decision on costs require the careful consideration of this Court. [14] Judge Powell noted that the solution to this difficulty in other jurisdictions (including the District Court's general civil jurisdict...

2. Lisale v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 228 [pdf, 205 KB]

   ...been properly construed or interpreted and applied to the facts: CIR v Walker.8 • Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: Jackson and Kenyon.9 Grounds of appeal [40] Mr Hinchcliff submitted the main issue in th...

3. [2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd [pdf, 270 KB]

   ...there are related proceedings before two employment institutions. These imperatives include mitigating time and cost for the parties, reducing a risk of inconsistent findings of fact or law, and allowing for the more efficient use of judicial resources. First issue: sufficient similarity? [41] Mr Mitchell, counsel for Mr McPherson, suggested the ground raised under s 178(2)(c) was the stronger of the two grounds raised. I therefore deal with that ground first. [42] He submi...

4. [2022] NZACC 84 – Olliver v ACC (10 May 2022) [pdf, 200 KB]

   ...(2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: 9 (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, const...

5. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [pdf, 185 KB]

   ...that he found no evidence of duplication. [56] This was complex litigation which, in the course of its progression, required the lawyers to attend to a number of tasks. I agree with Mr JP that it presented as both sensible and an effective use of resources, for lawyers of lesser experience than Mr VH to be tasked with attending to the more routine matters. That is common practice in litigation such as this. [57] Ms QC identified some specific instances where she considered that th...

6. [2022] NZACC 140 – Beauchamp v ACC (15 July 2022) [pdf, 250 KB]

   ...Ms Maher. Ms Beauchamp did not personally or by Ms Koloni engage in any effective communication with the Corporation about the programme prior to lodging the review. That approach resulted in unnecessary costs being incurred and unnecessary resources being engaged. (b) There were potentially unreasonable delays by the Corporation in implementing the SRNA, regarding provision of the chair and the bed (claims 188 and 190). However, these delays ceased by 22 December 2020 when t...

7. Ron-Mansfield-further-submisisons-for-Mr-Tarrant.pdf [pdf, 357 KB]

   ...6 2.12 Certainly, the Coroner should not be hesitant about going further than the Royal Commission given the broad nature of the Coroner’s inquiry and the evidence that may ultimately be received. 2.13 Further, issue of jurisdiction and resourcing are not matters that should properly drive scope especially given the nature of this inquiry and the important public interest to be served by it. None are insurmountable and any restrictions can be part of any investigation, findin...

8. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...the Rūnanga had advised Mr Taniwha he would need to be vaccinated as a result of the promulgation of the Order. [9] Detailed reference was made to a conversation which took place on 10 November 2021 between Mr Taniwha and the Rūnanga’s human resources manager, Mr Tamaki, for which the Authority had a transcript. In summary, the Authority recorded that Mr Taniwha had been told the Rūnanga considered that relevant staff needed to be vaccinated by 15 November 2021 or have receive...

9. OIA-105759.pdf [pdf, 2.5 MB]

   ...their service. Participants were asked if they found infection prevention materials readily available throughout their juror service. Infection prevention materials includes N95 masks and hand sanitiser. Overall, 95.1% of jurors agreed that these resources and materials were readily available when they needed them during their service. This is the highest agreement rating for the ‘Health and Safety’ section of the survey. Additionally, this is the highest agreement rating from the s...

10. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part2.pdf [pdf, 20 MB]

    ...placement of other project features in floodplains where practicable. (c) Avoiding or minimising exacerbating the existing flood hazard. (d) Culverts on permanent streams with existing or potential fish habitat will be designed consistent with the Resource Management (National Environmental Standards for Freshwater Regulations 202 ("NES Freshwater") Regulation 70. 112. Additional information on the design philosophy is provided in the DCR (Appendix 4 to Volume II). A...