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1. [2023] NZIACDT 12 - XX v Xu (13 April 2023) [pdf, 252 KB]

   ...June and July 2022, Ms Xu helped the mother obtain a refund of fees from the education provider. COMPLAINT [20] On about 24 July 2022, the complainant made a complaint against Ms Xu to the Authority. According to the complainant, Ms Xu’s irresponsibility had caused her mother’s visa application to be declined. Ms Xu had emphasised that she was sorry for failing to read Immigration NZ’s letter. The most serious mistake was that her behaviour directly caused the complainant...

2. [2022] NZACC 138 — Williams v ACC (19 July 2022) [pdf, 376 KB]

   ...the time of his operation because of the scar tissue. This would occasion surprise as there is a very low incidents of this. He therefore should be covered for the ensuing limitation of function by ACC. The mechanism of injury is scarring in response to the mesh, entrapping the nerve. The scarring is expected and necessary but the nerve entrapment is not. Appellant’s submissions [30] In written submissions, the appellant said: In 2010, Michael Booth operated a repair my left...

3. NZCVS-Cycle-4-Core-Report-The-NZCVS-and-Cycle-4-key-findings-fin.pdf [pdf, 466 KB]

   ...suspended interviews during Alert Levels 3 and 4. This requirement resulted in multiple fieldwork interruptions during Cycle 4 (see chart below). As a result, interviewing continued later into the year than planned and achieved a lower number of responses – 6,244 instead of the planned 8,000. This also affected the overall response rate, which, while still being high, was marginally reduced from 80% to 76%. When interviewers returned to the field, precautions were made to ensur...

4. Wilton TRI-2021-100-002 Procedural Order 4 [pdf, 230 KB]

   ...builder), the first respondent, commenced construction. The structural engineer was Wilton Joubert Ltd (Wilton Joubert), the sixth respondent. One of the trustees is Andrew Rodger Wilton (Mr Wilton), a director of Wilton Joubert. Mr Wilton was responsible for the engineering design.1 [4] The consented drawings and specifications provided for a “Rockcote Plaster System”. Contrary to the consent, another exterior plaster system was installed. The trustees believe it is Watt...

5. Auckland Standards Committee 2 v Johnson [2022] NZLCDT 28 (19 August 2022) [pdf, 233 KB]

   ...and 31 July 2019. [7] In July 2019, during the period of his suspension, the New Zealand Law Society Inspectorate undertook a review of the firm’s trust account. Another partner, who had not previously been a trust account supervisor, was responsible for the trust account at that time. [8] There was some dispute about whether certain documents had been requested by the inspectors, that is dealt with below. [9] It would seem that the inspectors, possibly because of Mr Johnso...

6. [2022] NZREADT 24 - Complaints Assessment Committee 2103 v Sharma (14 November 2022) [pdf, 258 KB]

   ...she did not have the ability or authority to pay the bond money to Tenancy Services herself, because she had no access to or authority over the management company’s account. It was Mr Sharma who was in charge of everything financial. He was responsible for ensuring 4 that bond payments were lodged with Tenancy Services. He would direct the payments as needed. [13] When the issues came up with landlords or tenants, such as missing bond payments, she referred them all t...

7. [2023] NZEnvC 109 Health New Zealand v KiwiRail Holdings Limited [pdf, 897 KB]

   ...Authority must prepare and submit a Construction Traffic Management Plan (CTMP) to Auckland Council for certification prior and obtain certification prior to the commencement of works for the Third Main. If the Requiring Authority has not received a response from Auckland Council within 20 working days after the date of submission of the CTMP it will be deemed certified. 12. The CTMP must be prepared by a suitably qualified and experienced person in consultation with Auckland Transpor...

8. Poihegatama v Accident Compensation Corporation [2024] NZACC 119 (18 July 2024) [pdf, 265 KB]

   ...automatic transmission; (b) Suitable seat height of between 600-750mm; (c) Has a handbrake not a footbrake; (d) Up to 80,000kms on the odometer; and (e) Up to 7 years old. [23] On 5 January 2018, Mr Poihegatama signed an acknowledgment of his responsibilities with respect to the Corporation’s vehicle funding contribution. [24] Mr Poihegatama subsequently found a 2013 2WD Nissan Navara Ute with 72,241 kms on the odometer that he wished to purchase. He arranged a mechanica...

9. Gray v Accident Compensation Corporation (Causation) [2023] NZACC 152 [pdf, 233 KB]

   ...comment. He was asked this question: Does the medical evidence support a causal link between any of the client’s covered accidents and the condition/pathology requiring surgery? Please provide the reasons for your opinion. [23] Mr Hunter’s response was: The contemporary clinical information does not suggest that an acute injury to the L4/5 disc occurred on 24/07/2019. The MRI imaging a year after the injury showed mild disc dehydration at L4/5 with some disc bulging but no...

10. [2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan [pdf, 265 KB]

    ...case the spouse or partner is the primary carer for the period of time in relation to which the entitlement is transferred); or (iii) … (c) a person, other than the biological mother or her spouse or partner, who takes permanent primary responsibility for the care, development, and upbringing of a child who is under the age of 6 years … _______________________________________________________ Examples If a child under the age of 6 years goes to live with their aunt, who...