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1. Nottingham v Accident Compensation Corporation (Social Rehabilitation) [2022] NZACC 212 [pdf, 214 KB]

   ...before any housing modifications could commence. Those issues included no council record of consent for parts of the property including the bathroom, and the health and safety issues noted above. [12] On 8 July 2019, in the absence of a recorded response from Mr Nottingham, the Corporation wrote to Mr Nottingham again, referring to its earlier letter advising of the issues that needed to be addressed before any modifications could commence. [13] On 24 July 2019, the Corporation aga...

2. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...application on the papers. Any comments were due by 5 August 2022. Neither party filed any views on this issue. [6] The Tribunal has determined it is appropriate for the application to be determined on the papers. BACKGROUND Filing of claim and response [7] On 21 January 2015 Ms Sax filed her claim and on 28 January 2015 the Tribunal served Police with the claim. [8] On 24 February 2015 Police wrote to the Tribunal advising that it did not intend to file a statement of rep...

3. [2022] NZACC 3 – Foster v ACC (13 January 2022) [pdf, 201 KB]

   ...rightly could have been a sprain strain. However, investigation did not reveal any physical cause and the orthopaedic surgeon signed him fit for work in early 2018. Nothing further occurred until this year and there is confusion as to what is responsible for his symptomology. His GP has put this down to the 2017 claim. A physio has registered a new claim, ostensibly citing the 2017 claim which does not stack up. Perhaps he meant the assault referred to on the scan request? Ver...

4. Parenting Through Separation Operating Guidelines 1 July 2018 [pdf, 286 KB]

   ...programmes following the PTS presenter kit, these Operating Guidelines, and their Outcome Agreement with the Ministry. The PTS presenter kit can be ordered from the Ministry. Cultural awareness All programme delivery must be culturally sensitive and responsive to the needs of participants, and carried out by culturally competent staff. Cultural competence includes, but is not restricted to, respect for and understanding of Māori, Pacific peoples, and migrant communities. Who ca...

5. LCRO 3/2019 YR v OS (20 July 2020) [pdf, 207 KB]

   ...July 2015) advising of her removal as a Trustee, Mr OS says he “was always available” to her to provide advice about how Trusts operate. However, when asking a client or any other person, to sign a document whereby they assume significant responsibilities, it falls to a lawyer to volunteer advice and information or to ensure that person acquires advice and information independently. [49] Mr OS did neither. [50] In his letter to the Lawyers Complaints Service (dated 4 Decemb...

6. [2023] NZIACDT 18 - XX v Xu (1 June 2023) [pdf, 132 KB]

   ...Xu’s professional misconduct. A fair and reasonable outcome is important for the family to maintain their confidence in the system and protect the public interest. [18] Ms Chen made further submissions (18 May 2023) in reply to Mr Moses’ response to the compensation sought by the complainant. [19] It is contended that the whole family suffered serious consequences and significant losses financially, emotionally and physically, caused by Ms Xu’s misconduct. From the com...

7. [2023] NZEnvC 187 Schmuck v Northland Regional Council [pdf, 324 KB]

   ...the applications for costs and the relevant submissions, I find that it is appropriate to award costs against Mr Rashbrooke. Parties are entitled to run a case as they chose however, there is a duty on parties who appear before the court to act responsibly and conduct their case in a reasoned and responsive manner.14 In its 2023 decision the Court made a number of statements regarding the submissions, evidence and conduct of Mr Rashbrooke, for example: (a) “Mr Rashbrooke fil...

8. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

   ...followed through with his intention of lodging a claim with the Tribunal and that, if payment was not made, Q Ltd reserved its right to seek summary judgment, including costs on a solicitor/client basis, which would likely exceed $4,000.00. 10. In response, KM sent [law firm] the chain of emails showing that Q Ltd had agreed in March to lodge a claim with the Disputes Tribunal. In an email to the Tribunal dated 24 November, KM described the lawyer’s letter as an attempt to intimi...

9. Fergusson v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 119 [pdf, 194 KB]

   ...attributed to him for tax reasons. In fact, we had several discussions with our Accountant in terms of what is a fair and equitable Salary Bob has due to his incapacity. We have deemed he is still a Company Director and has joint decision-making responsibilities for the company - hence the $40,000 allocation for tax reasons. We also have a duty and responsibility to IRD to ensure we a [sic] showing an equitable salary for Bob for tax reasons - as advised we must be seen to mitig...

10. [2024] NZEnvC 201 Li v Auckland Council [pdf, 584 KB]

    ...357A and/or 357B of the Resource Management Act 1991. Any objection must be made in writing to the council within 15 working days of your receipt of this decision (for s357A) or receipt of the council invoice (for s357B). The consent holder is responsible for obtaining all other necessary consents, permits, and licences, including those under the Building Act 2004, and the Heritage New Zealand Pouhere Taonga Act 2014. This consent does not remove the need to comply with all othe...