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1. Reece v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 226 [pdf, 216 KB]

   ...underlying fracture: … could also be a potential source for pain, local inflammation and sensitivity, and aggravate the features of CRPS 1. It is difficult for me to determine to what extent the underlying fracture itself, rather than CRPS 1, is responsible for his ongoing symptoms. That said, the diagnoses of fracture and CRPS 1 are not necessarily mutually exclusive. The presence of the fracture supports a post- traumatic cause for the neurovascular and autonomic features of C...

2. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...of claim begins by reciting the circumstances which led the Authority to making the various procedural directions which are at the heart of the DHB’s claim.9 [30] By way of background, the DHB alleges that on 23 May 2017, the Authority, in response to the alleged actions of Mr Halse when he contacted the DHB, directed him not to make contact with the organisation and said it would view very seriously any conduct which undermined its investigation in the matter. This was the first...

3. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...absence of any juristic reason for the enrichment. [56] A well-known New Zealand text explains the concept more broadly, in this way:13 Unjust enrichment refers to an event whereby a defendant is unjustly enriched at the plaintiff’s expense, the response to which is restitution of the enrichment to the plaintiff. What makes an enrichment unjust, in the sense that it requires restitution, has been the subject of much debate and disagreement. Traditionally, accepted instances o...

4. Rapatini v Accident Compensation Corporation (Personal injury Deemed Decision) [pdf, 220 KB]

   ...its assessment so that ACC can properly consider your claim with all necessary information. Can you please advise whether you are agreeable to attending a medical review appointment, and then ACC will make the necessary arrangements. [27] No response was received from Ms Rapatini to this letter. [28] On 16 November 2021, the Corporation’s Clinical Advisory Panel (CAP) reported that the cause of Ms Rapatini’s injuries were most consistent with a degenerative condition. The CAP...

5. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   ...please contact the Council’s Planning Department for clarification before starting work. 2. Under section 125 of the RMA, this resource consent will lapse in five years, unless it is given effect to within that time. 3. It is the consent holder’s responsibility to comply with any conditions imposed on this resource consents prior to and during (as applicable) exercising this resource consent. 4. A copy of the authorisation from the New Zealand Transport Agency for the new vehicle crossin...

6. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...from T 1.5 for the first three hours and T 2 thereafter, to T 2. APEX learns of arrangement [28] APEX learnt of the Letters of Understanding on or about 11 May 2020 and made informal inquiries of TAS. Those inquiries did not elicit a fulsome response. [29] APEX formally raised the matter with TAS on 8 June 2020. A response came from the Director of Employment Relations on 17 June 2020, essentially dismissing APEX’s concerns and advising that the DHBs had no obligation to m...

7. [2024] NZEnvC 080 Digital Signs Limited v Auckland Council [pdf, 282 KB]

   ...as a permitted activity. If the property owner wishes to construct the domes and LEDs for a static art image, and later wishes to change that use to a “sign” it can apply for necessary permissions at the time. [48] The Council submits in response that the proposed LED displays fall within the definition of “sign” and are readily capable of being used as billboards to advertise anything. Counsel submits that the domes are structures which do not form part of the existing bu...

8. ZA v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 032 [pdf, 255 KB]

   ...through social media. She very rarely instigates social contact herself. She reports that she does not go to social functions and she does not belong to any groups. She sees herself as cooperative and considerate. She does not have any social responsibility for others. 6 She finds negotiating for her own needs difficult and will often become irritable. This was particularly so when interacting with her parents at home. She is independent, but in some areas, functioning is...

9. [2023] NZEmpC 225 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 302 KB]

   ...One of the challenges in determining an appropriate approach, however, is to ensure duplication is avoided. As can be seen, the statutory criteria include matters that are specific to the breaches, and others which are specific to the persons responsible for them. One way to avoid duplication is to separate out the circumstances of the breach from the circumstances personal to the defendants. With that in mind, the approach I take in part reflects the Preet approach, but with some...

10. [2023] NZIACDT 26 - BL v Registrar (10 October 2023) [pdf, 241 KB]

    ...http://legislation.govt.nz/act/public/2007/0015/latest/link.aspx?id=DLM407352#DLM407352 9 (4) Under Immigration NZ’s rules, a person holding an interim visa cannot be granted another one if the existing one expires before the decision to grant a temporary visa is made. (5) The adviser is responsible for the misleading information she provided. Her wrong information has caused the problem. (6) If the adviser thought there was too little time, she could have said she was not...