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1. [2022] NZREADT 26 He & An (22 November 2022) [pdf, 253 KB]

   ...undergo further training (demonstrate knowledge of misleading and deceiving conduct 10 and misrepresentation) and pay a fine of $4,000. They considered that cumulatively his conduct was mid-level unsatisfactory conduct but with a higher level of responsibility for the errors that occurred as the listing licensee with information direct from the vendor. [45] The 2018 decision related to a complaint concerning the failure by Mr He to obtain the vendor’s consent in the prescri...

2. Khan v Accident Compensation Corporation (Personal Injury) [2022] NZACC 225 [pdf, 330 KB]

   ...transforaminal anaesthetic and steroid injection. He noted that her visual analogue score for index pain before the procedure was 45/100. Thirty minutes following the injection the pain visual analogue score was 0/100. He said: This immediate response is attributed to the local anaesthetic component of the injection. [14] Dr Ng arranged a follow up in three weeks. [15] Dr Ng provided an ACC specialist report on 9 March 2017. He elaborated on what had occurred on 2 February...

3. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...January 2013, Dr Erwin, GP, wrote to the Corporation. She noted the appellant’s continuing need for treatment for hypertension and asked the Corporation to investigate whether there was any funding for the appellant. It is unclear whether any response was provided. [27] On 18 June 2014, Dr Antoniadis completed an occupational medical assessment. The report contains a comprehensive background of the reporting available. He advised that fatigue was the appellant’s primary pr...

4. [2022] NZEmpC 138 Pilgrim v Attorney-General [pdf, 247 KB]

   ...age they were well conditioned to what they called “a brutal control regime”. To avoid punishment, children had learned to submit to the control of the Shepherds and Servants. This, it was said, had the effect of creating lifetime conditioned responses to the Shepherds’ and Servants’ authority, which played out over the ensuing years. … [102] Loud alarm bells ought, in my view, to have been ringing from even a cursory reading of “What We Believe” and various other documen...

5. [2022] NZEnvC 104 Federated Farmers of New Zealand v Northland Regional Council [pdf, 534 KB]

   ...and considering the inconsistencies between the interim decision and the Topic 7 and 9 decision, Federated Farmers notes it may well be that the Court’s intention was that Rule C.8.1.2(3) should apply in cases where Crown land is involved. In response to a potential argument that they are relitigating the issue in a way that was not argued at the hearing, Federated Farmers submits it did not argue the points because no party sought that livestock access be prevented from access to...

6. [2022] NZACC 156 – Chalmers v ACC (16 August 2022) [pdf, 262 KB]

   ...that 6 there was no evidence of surgical cause for the paraplegia and that “there was ill defined intramedullary focus of T2 high signal intensity within the decompressed cord of T6/T7 which measured about 6 mm and about 8 mm long”. In response to the question whether there was a physical injury causing paraplegia, Mr Pai stated: ... in my opinion, the development of new neurology (complete paraplegia) is related to her surgery and is a known complication of surgery in th...

7. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

   ...partial thickness tearing of the bursal surface of supraspinatus. There is no evidence of impingement like pain at work as a spray painter over the last few years to suggest that this is chronic subacromial impingement. (b) On 13 October 2020, in response to the Corporation’s decline of cover and entitlements, Mr Brick commented: I note that the ACC doctors made reference to his AC joint arthrosis. This is largely irrelevant as it is asymptomatic and the application for surger...

8. [2022] NZACC 162 — Folkema v ACC (18 August 2022) [pdf, 273 KB]

   ...closure will commence. Thereafter, a re-assessment will be done to establish the need for jaw surgery, or whether a genioplasty on its own will suffice. Treatment is expected to take approximately 24 months, depending on compliance and tissue response. Good compliance and oral hygiene can speed up treatment, whilst breakages, poor oral hygiene and compliance can slow treatment down. [5] Mr Folkema was informed that he should seek treatment for chronic periodontal disease. In J...

9. Morgan v Public Service Commissioner [2022] NZHRRT 38 [pdf, 190 KB]

   ...Commissioner argued, could undermine the ability of the Commissioner to exercise the statutory function of giving effect to the public service values of integrity, accountability, and transparency, as now required under the Public Service Act 2020. [48] In response to this we note that we are tasked with applying the HRA provisions to the facts of this case. In cases where a decision has been made not to employ someone by reason of family status, this may be for a reason which comes wit...

10. [2022] NZACC 4 – CJ v ACC (18 January 2022) [pdf, 219 KB]

    ...this injury was an infrequent consequence of the procedure of caesarean section. [15] On 13 June 2008, Dr Christopher Moughan, Medical Adviser of the Treatment Injury Unit, advised that formation of adhesions was regarded as an ordinary body response to surgery properly applied, occurring in 93% to 100% of patients. As to neuroma, this appeared as a possible but not probable diagnosis that was difficult to confirm reliably. [16] On 24 February 2009, a note from Dr Illy Delasau, S...