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1. 2020-12-07 Statement of evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix H [pdf, 197 KB]

   ...rather than the texts of the Treaty. The principles of the Treaty, as interpreted by the Courts and the Waitangi Tribunal, are derived from the spirit, intent, circumstances and terms of the Treaty.31 They are the underlying mutual obligations and responsibilities which the Treaty placed on the parties, and reflect the intention of the Treaty as a whole.32 These principles are not set in stone. As President Cooke has said: “The Treaty obligations are ongoing. They will evolve from...

2. [2022] NZACC 23 – Harvey v ACC (1 March 2022) [pdf, 210 KB]

   ...was from the right sacroiliac joint. These symptoms were mechanical in nature. Mr O’Malley referred Mr Harvey for an ultrasound-guided steroid injection to the sacroiliac joint. [14] On 5 May 2014, Mr O’Malley wrote to the Corporation in response to questions asked of him. He said that the 2013 accident had caused a right L5/S1 disc prolapse with nerve root compromise, but that this had now resolved. He said that this injury had unmasked right sacroiliac joint mechanical b...

3. [2022] NZEnvC 214 Palmerston City Council [pdf, 335 KB]

   ...Rangitane o Manawatii (Rangitane) provided a cultural impact assessment in 2020 following a number of lmi, with discussions continuing through to notification. The s 32 report identifies key planning issues for Rangitane and the Council's response. 39 [35] The Council also engaged with Waka Kotahi and the Regional Council in the form of individual and group meetings and through circulation of key documents including the Structure Plan, draft masterplan and some of the key techn...

4. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

   ...hours were less than he was contractually entitled to and he wanted them increased. He says that he continued to raise issues relating to his work hours with Mr Roux and, until just prior to Alert Level 4 lockdown, did not receive any substantive response.5 5 The evidence disclosed that there was one occasion when he received an apology and an increase in hours. Then the lockdowns started. Mr Roux did not give evidence. [11] On 17 March 2020 Mr Wilson convened a meeting w...

5. [2021] NZACC 183 – Butler v ACC (16 November 2021) [pdf, 340 KB]

   ...and prognosis: This has now been going for a long period of time and it has never come right. I think therefore he would be a suitable candidate to consider a two level anterior interbody fusion and discectomy. I believe this is a direct responsibility of ACC and is related to the accident he sustained some 17 years ago. [28] The appellant next refers to the report of Mr Richards, Orthopaedic and Spinal Surgeon of 13 May 2018. Mr Richards refers to Mr Oakley’s report and...

6. CW v Accident Compensation Corporation (Claim for Mental Injury) [2022] NZACC 241 [pdf, 202 KB]

   ...slow wave abnormalities in the left mid temporal region; there was no epileptiform discharges; and the slow wave abnormality was non-specific and could indicate a structural abnormality. [15] On 9 November 2010, Dr Orr outlined at length his response to the claim of treatment injury. He concluded that there was no way her present problems could be related to the treatment of a nasty injury which she suffered thirty years before. [16] On 15 December 2010, the Corporation decline...

7. [2023] NZIACDT 22 - OT v Ramos (27 June 2023) [pdf, 150 KB]

   ...(2) Licence suspension for at least six months, (3) Further training. (4) Compensation of $13,450. [26] There are submissions (31 May 2023) from Mr Foley replying to those of Mr Moses (17 May 2023). [27] Counsel disputes that Ms Ramos acted responsibly following the discovery of her misconduct. Additionally, her attempts to rectify her misconduct amounted to a short and insufficient Ministerial request and an out-of-time paper application duly rejected by Immigration NZ....

8. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...said he had a severe toothache requiring urgent assistance. He immediate forbad any percussion of 47 or radiograph precluding significant tests of whether he had a potential non vit abscessing tooth. This put pressure on trying for a definitive response to cold. 47 and 46 may have responded to cold, but neither was certain. He spent time, again, discussing his upper right molar tooth. His toothache was not acute. He telephoned the following day, interrupted treatment of anothe...

9. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 216 [pdf, 205 KB]

   ...the review application in respect to the home help and childcare decision of 10 March 2004. The Reviewer preferred the opinion of Mr Hopkins, and the contemporaneous clinical records, determining that Ms Henderson’s covered injuries were not responsible for her ongoing problems. [19] On 26 November 2004, the Reviewer dismissed the review application in respect to the LOPE decision of 15 September 2004. The Reviewer considered the same specialist evidence, including reports from...

10. OIA-112469.pdf [pdf, 1.2 MB]

    ...(Recovery) Act 2009. As you are aware, the purpose of the legal aid scheme is to assist those who cannot afford legal advice and assistance. Legal aid may also be available for civil disputes or problems that could go to a court or tribunal. In response to the first part of your request, the Legal Services Commissioner, or Legal Aid Services staff member who has been delegated this function, must consider a number of factors when making a decision about granting legal aid. This decis...