Search Results

1. [2021] NZACC 161 – Fuller v ACC (14 October 2021) [pdf, 298 KB]

   ...appellant consulted Dr Armstrong, sports physician, who referred her for an MRI scan. The scan showed extensive denervation of her infraspinatus muscle. Dr Armstrong thought it may be associated with a degree of neural compression that could be responsible for the denervation. [16] On 31 October 2018, ACC confirmed it had initiated investigations for cover of Ms Fuller’s muscle denervation based on Dr Armstrong’s comments. The claim was described as one of “treatment...

2. [2021] NZACC 103 - Reed v ACC (15 July 2021) [pdf, 180 KB]

   ...Hillborn that he found it hard to transfer in and out of his vehicle due to the seat height. It was a factor specifically noted in the Rehabilitation Panel comment and recommendation to refer to an Occupational Physician “to determine “what responsibility ACC has towards the purchase of a new car”. [47] Dr Burt, the Corporation’s senior medical adviser received Dr Yarnall’s report and commented that modifications that address the right wrist only are appropriate and ac...

3. Dotcom v Crown Law Office (Damages) [2022] NZHRRT 7 [pdf, 195 KB]

   ...information privacy request to all 28 Ministers of the Crown and nearly every government department (the agencies). Nearly all the requests were transferred by those agencies to the Attorney-General. [4] On 5 August 2015 the Solicitor-General provided a response on behalf of the Attorney-General in which the requests were declined on the stated ground that, in terms of the (then) Privacy Act 1993 (PA 1993), s 29(1)(j) the requests were vexatious and included information which was trivia...

4. 2022-02-11 Statement of Evidence of Jana Davis dated 11 February 2022 [pdf, 784 KB]

   ...part of the catchment on sediment levels in Waiwhakaata and am greatly concerned about the additional impacts of ongoing sediment discharges from urban development. 36 In my opinion, rural and urban land users throughout the catchment need to take responsibility for the impact of their activities on wai māori and on Waiwhakaata. Success will be measured in improvements to the hauora and resilience of the wider catchment and in improvements in water quality within Waiwhakaata / Lake Hay...

5. [2021] NZACC 17 - Sowerby v ACC (14 January 2021) [pdf, 195 KB]

   ...that that the appellant's supraspinatus tear is likely to be a longstanding progressive condition, which the Accident has rendered symptomatic rather than directly causing the tear. [40] The appellant sought comment from Mr Andrews in response to Mr Boyle's report. On 29 May 2020, Mr Andrews opined that: [i] Mr Boyle's report is balanced and reasonable; and [ii] It is difficult to determine conclusively whether the appellant's tendon pathology was a resu...

6. 1. JWS 1 - JWS of Planning Experts dated 8 March 2022 [pdf, 274 KB]

   ...but that further consideration of the implications of this would be required. 50. CH considers that allowing multiple individual sites to undertake earthworks up to 2,500m2 when a larger site is also restricted to 2,500m2 is not an effects-based response to the risk posed by earthworks. Attachments to this JWS Attachment 1 – Rules 14.5.1.1 and 14.5.2.1 as agreed at mediation (FB and MB) Attachment 2 – Rule 14.5.1.1A (CH) - Revised post conferencing session...

7. New Zealand Public Health and Disability (Restriction on Crown Funding Agreements and Unfunded Cancer Medicines) Amendment Bill [pdf, 232 KB]

   ...most part, these exceptions do not distinguish between conditions. Creating a further exception for cancer patients in the circumstances outlined in the Bill, where the funding system already has a number of exceptions, may not be a disproportionate response where there appears to be a relatively strong needs-based justification for cancer patients. 35. Finally, we take into account that the effect of the Bill appears to enable DHBs to administer unfunded cancer medicines. We presume tha...

8. [2022] NZACC 161 – Hume Pack n Cool Ltd v ACC (18 August 2022) [pdf, 269 KB]

   ...that in the majority of approved requests, it would be appropriate to apply the retrospective MCU for the immediately preceding levy year only. This position balances our legislative obligations to reassess prior periods against our organisational responsibility to manage the Scheme (particularly with consideration to risk mitigation, fairness and financial impact across levy payers). In addition, this position reflects the invoices that an employer will generally receive in the lev...

9. [2022] NZACC 140 – Beauchamp v ACC (15 July 2022) [pdf, 250 KB]

   ...chair. These items were supplied to Ms Beauchamp in late January 2021. Nevertheless, the review applications were not withdrawn through to the review hearing on 3 March 2021. [39] This Court finds that, in view of the Corporation’s statutory responsibilities, it was entitled to adopt the course of action which it outlined in its letter of 8 October 2020. The ensuing early lodging of the review applications 182 and 183 appears premature, and the continuance of the applications b...

10. Howard v Accident Compensation Corporation (Late appeal to the High Court) [2023] NZACC 25 [pdf, 337 KB]

    ...under the IRP had not been implemented. Mrs Howard stated it was unfair for the Corporation not to have made weekly compensation entitlements and that no notice of review rights had been given. Mrs Howard sought review of the Corporation’s response of 14 September 2021 as being a reviewable decision. Mrs Howard also sought payment for the full period of suspension and contended the sum paid as an ex gratia settlement was amenable to review. 5 [18] On 21 March 2022, the...