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1. Wellington Standards Committee 2 v Tennet [2022] NZLCDT 37 (26 October 2022) [pdf, 183 KB]

   ...doesn’t make any sense.”26 [22] Ms Hughson, barrister, was appointed in this matter as an investigator by the Standards Committee. She was the second witness called for cross-examination. She mentioned having corresponded with the Trust. In response to questioning from the Deputy Chair, she produced an email (as Exhibit A)27 from the Service Manager of the 19 Between 3 December 2016 and 9 August 2018. 20 This counts the $6,900 payment on 20 February 2018 as two payments. 2...

2. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...provision of a non-compliant IEA. [66] Second, the fact that Mr Stewart signed the non-compliant IEA does not mean that he waived the consequences of that fact. The availability provisions of the Act to provide minimum protections. It was AFFCO’s responsibility to satisfy those obligations. The act of signing the IEA did not alter that fact. [67] Next, it is not disputed that Mr Stewart did not learn about the legal provisions relating to availability compensation until approx...

3. [2021] NZACC 98 – Newman v ACC (6 July 2021) [pdf, 314 KB]

   ...right shoulder symptoms is likely to be symptomatic subacromial impingement, a gradual onset, age-related process which has no causal association with any single episode of trauma or combination of such episodes. The CAP noted that the pathology responsible for Ms Newman’s symptoms is most unlikely to be caused by lifting a 5 kg bag of flour on 08/06/2017. [26] Then Dr McLaughlin met with Dr Kerr, a specialist musculo-skeletal radiologist, in order to review the radiology of...

4. [2021 NZACC 134 – Western v ACC (17 August 2021) [pdf, 386 KB]

   ...and ruptured a disc which required surgery. [71] I have set out the above because it is helpful background in understanding the appellant. There are immediate similarities between the accidents of 1996 and 2015 in terms of her own personal response. In both cases she “got on with it”. [72] Following the 2015 accident she says she was in constant pain and had to take breaks at work because of it and that she probably had 6-10 days off sick over a two month period. [73]...

5. [2021] NZACC 147 – Langston v ACC (30 September 2021) [pdf, 328 KB]

   ...appointments for medical attention for this accident." Conclusion: You have asked for medical comment on "He has gone to review and appeal claiming that he was also incapacitated from working between 01/01/1980 and 03/04/1988" MA response: 1. There is comment from Prof Gillett which his opinion on the likelihood of rugby injury in 1980 having caused a cervical disc injury. This is provided some years after the event. 2. There is Prof Bishara's 1998 commen...

6. [2024] NZIACDT 07 – MM v Ma (30 January 2024) [pdf, 203 KB]

   ...blackmail. [50] Ms Ma sees her obligations to the complainant as expiring with the approval of the visa. The extent of her services is assessed by the Tribunal later. However, even if her services were merely the visa application and she had no responsibility for any ongoing employment, she continued to have contractual and professional obligations concerning complaints by the complainant about her immigration services. [51] Clause 15.1 of Ms Ma’s services agreement states t...

7. Dooney v Accident Compensation Corporation (Personal Injury) [2022] NZACC 237 [pdf, 253 KB]

   ...the appellant upon a balance of probabilities. [52] In Medwed,8 Judge Ongley stated: [14] The scheme of the Act also requires a claimant to make an application for cover. The obligation rests on the claimant. A case manager could well have a responsibility to advise a claimant who needed to make a separate cover claim. The Corporation could invite a claimant to lodge a claim, but there is no obligation on the Corporation, in the absence of a claim, to carry out investigations in c...

8. [2024] NZIACDT 01 RN v Li (8 Janurary 2024) [pdf, 268 KB]

   ...name as the complainant. Ms Tagg provided to the Tribunal on about 17 November 2020 copies of the complainant’s communications, as directed by the Tribunal in Minute 1 (12 October 2020). On 2 December 2023, Ms Tagg provided the complainant’s response to Mr X’s affidavit (undated). A revised response to Mr X’s affidavit (undated) was then produced at the commencement of the hearing. From Mr Li [38] Mr Laurent has filed a memorandum (6 September 2019) on behalf of Mr Li....

9. Oliver v Accident Compensation Corporation (Personal Injury) [2023] NZACC 208 [pdf, 288 KB]

   ...standard of proof in accident compensation appeals to the District Court. 16 Kneebone v Accident Compensation Corporation [2014] NZACC 205. Onus and standard of proof [52] When a claim for accident compensation is made the claimant has the responsibility to establish eligibility for compensation. The Corporation, as a matter of best practice confirmed by the courts, generally investigates all possible aspects of a claim, at least in a rudimentary fashion and as far as practi...

10. Cree v Accident Compensation Corporation (Interest on Compensation) [2023] NZACC 195 [pdf, 288 KB]

    ...These include a number of sections which emphasise the importance of provision of information to the Corporation. For example, s 55 imposes broad obligations on the claimant to assist in the establishment of cover and entitlements, including the responsibility to provide medical certificates, to undergo medical assessments, and to provide “any other relevant information that the Corporation requests”. Likewise, s 72 provides that claimants who receive entitlements are subject to ong...