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1. VAB v Corrections [2022] NZHRRT 31 [pdf, 215 KB]

   ...protective adult, as well as the plaintiff’s “past sexualised behaviour” and his concerns about having a baby daughter as providing an objective basis for Ms Bakker’s belief that it was necessary to make the disclosure. [36] The plaintiff’s response to Corrections submissions, relies on the notes from 8 June 2010 where it was recorded that there was no “immediate risk”. The test is however whether there was an “imminent” risk. As discussed in Director of Human Rights...

2. [2021] NZACC 91 - Razek v ACC (29 June 2021) [pdf, 176 KB]

   ...7. Catherine knew of my diabetes and told me many times over the phone that my diabetes is my problem and that she was going to stop my weekly compensation for my back and I should go back to work full time. 8. Catherine said that ACC was not responsible and despite what Dr White said, ACC’s position was that my diabetes was just an illness. 4 Harrild v Director of Proceedings [2003] 3 NZLR 289 (CA). … 10. In or around April 2000 Dr White mentioned to me that I sho...

3. [2021] NZACC 129 - Griffiths v ACC (05 August 2021) [pdf, 300 KB]

   ...went on to administer the clinician administered PTSD for DSM-5 (CAPS-5) this is a structured interview tool developed by the National Centre for PTSD in the US, and is regarded as a current gold standard for diagnosing PTSD. Ms Griffiths’ response on the CAPS-5 were consistent with a current diagnosis of PTSD. … She described avoiding talking about events surrounding the night of the earthquake and avoiding the hospital in general. [31] Under the heading “Opinion” Dr...

4. [2022] NZACC 168 — Robinson v ACC (25 August 2022) [pdf, 341 KB]

   ...pathology in his neck was as a result of the injury of 13-01-1995? and: ACR 259/21 Alternatively, or additionally; has a disease, or aging process, or a pre-existing condition from some other injury become symptomatic? [12] Mr Kelman’s response was: Mr Ronbinson is currently 55 years of age. There was no pre-existing conditions in his neck, shoulders or ankle prior to the injuries which have been sustained. There is no doubt that he will have suffered some degenerative...

5. BF v QT [2023] NZDT 600 (30 October 2023) [pdf, 156 KB]

   ...failure. Were the F’s reasonable in cancelling the contract with QT? 37. BF said they engaged Mr T on 23 March 2022 and had problems getting any information from him on when the pool liner would be installed, at times only receiving rude, abrupt responses from him. She said they tried to re-engage with him after their insurance claim was declined but did not have any response from him. She assumed he did not want the job as they did not hear back from him. She said they cancelled th...

6. Air New Zealand Ltd v Lavender (Work Related Gradual Process Injury) [2024] NZACC 26 [pdf, 200 KB]

   ...the drafting of clause 28 contained a definition for “work related personal injury”. … … [19] … the Department of Labour explained that the change in working “was deliberate” and observed that “subclause (1)(a) makes employers responsible for employees while they are at work”. The Report further noted: An employer is responsible generally for the work environment and is capable of influencing behaviour within it. To focus on ‘employment tasks’ leaves worker...

7. DQ v UP [2022] NZDT 211 (9 December 2022) [pdf, 172 KB]

   ...totalling $2,087.32 between 15 November 2021 and 26 March 2022. These invoices include BX’s fees. 22. I find that the initial vet costs and diagnostic testing regarding BS’s hip dysplasia are recoverable as the unavoidable and reasonable initial response to BS’s health issues. DQ needed a diagnosis of BS’s hip problem so that he could understand and assess the possible treatment options. I am therefore satisfied that the cost of BS’s first visit to T Vets regarding hip pain...

8. [2023] NZSSAA 8 (15 May 2023) [pdf, 162 KB]

   ...similar in nature to the New Zealand social security scheme. The policy does not distinguish between pensions funded by compulsory contributions and pensions funded by taxation as long as they are administered by or on behalf of the government responsible for paying the pension. [28] While there may be differences to the way NZS and state pensions in other countries are funded, both schemes provide state pensions that are paid for the same or similar reasons. The Authority and...

9. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...Applicant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Environment Commissioner S Myers Environment Commissioner CJ Wilkinson Hearing: Auckland 18-19 September 2023 Last case event: 11 October 2023, Council Memorandum in response to amended declarations Appearances: B Carruthers KC and V Toan for appellants and applicant S Quinn for the respondent 2 Date of Decision: 11 April 2024 Date of Issue: 11 April 2024 DECISION OF THE ENVIRONMENT COURT A...

10. Tutakangahau v Boynton - Allotment 335 Parish of Waiotahi [2024] Chief Judge's MB 291 (2024 CJ 291) [pdf, 306 KB]

    ...Ramari Haami. d) If objections are received, then the matter should be referred to the Acting Chief Judge for directions. Ko te Hātepe Ture o te Tono Nei Procedural History [4] The Report was distributed to parties on 26 May 2023 with responses due 19 June 2023. The application was set down for hearing on 28 June 2023. [5] On 22 June 2023,1 I adjourned the application for Ms Bennett to file submissions by 11 August 2023. Te Nohonga a Te Kooti The hearing [6] On 28 Se...