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1. [2021 NZACC 134 – Western v ACC (17 August 2021) [pdf, 386 KB]

   ...onset of significant pain. She had to immediately stop what she was doing to rest and mitigate the pain through medication and heat application. She attempted to work for a number of weeks before finally realising she needed medical attention. A claim form was completed on 18 August 2015. [7] Her GP was unsure of the nature of her injury and she was referred to Dr Anglem, Sports Physician, for assessment. [8] Dr Anglem noted tenderness to the lower back, particularly on the ri...

2. 2020-10-09-ORC-PC7-s-149G3-Key-Issues-Report-Appendices.pdf [pdf, 6.2 MB]

   ...on the matter. Appendix A Page 2 of 2 In reaching my decision I considered: a) The Environmental Protection Authority recommendation that I refer the matter to the Environment Court; b) The views of the Otago Regional Council, being the applicant and the relevant local authority that would have processed and decided the matter if I had not directed that it be referred to the Environment Court for decision; and c) The capacity of the Otago Regional Council to process the ma...

3. [2012] NZEmpC 204 Here v McAlphine Hussman Ltd [pdf, 140 KB]

   ...meeting on 10 December was to be about. However, notes that Mr Here prepared and which were put to him in evidence, refer to being given a letter by Mr Atkins on 7 December 2010. As things transpired, Mr Here attended work on 10 December, as requested in the letter and in time for the scheduled meeting. It is also clear that Mr Here had taken steps to arrange to have a representative present at the meeting. I am satisfied that Mr Here received notice of the meeting, which con...

4. Tapiki and Eru v New Zealand Parole Board [2019] NZHRRT 5 [pdf, 403 KB]

   ...effect, that neither IPP 5 nor IPP 11 derogate from the obligation under the Parole Act to notify a victim of any release conditions applying to an offender. [4] The outcome of this case turns on the interpretation of s 50 of the Parole Act and on the application of that provision to the facts as found. We do not in this decision address IPP 5. THE FACTS [5] The central facts are not in dispute. The Parole Board did not challenge the evidence given by Ms Tapiki and Ms Eru and chose...

5. Te Tiriti o Waitangi - Treaty of Waitangi

   ...Te Arawhiti While there are limits on the extent to which Treaty rights can be argued and enforced in court, the Waitangi Tribunal provides a forum for hearing cases related to the Treaty. Under the Treaty of Waitangi Act 1975, any Māori can take a claim to the Tribunal that they have been disadvantaged by any legislation, policy or practice of the Crown since 1840. The Tribunal does not enforce the law, but has the power to make recommendations to the government. Historical Treaty breaches ar...

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6. Connell v Standing [2012] NZIACDT 68 (28 September 2012) [pdf, 94 KB]

   ...overseas bank accounts. [38] Accordingly, in its decision upholding this complaint the Tribunal gave Mr Standing notice that if there was an issue relating to his ability to pay, he should provide information that allowed the Tribunal to evaluate the claim with regard to the funds which had not been accounted for. In the absence of a satisfactory explanation, the Tribunal would proceed on the basis Mr Standing had the means to meet financial sanctions that fully reflect the findings agai...

7. Auckland Standards Committee 2 v Holland [2022] NZLCDT 20 (27 June 2022) [pdf, 176 KB]

   ...AND CONVEYANCERS ACT 2006 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2022] NZLCDT 20 LCDT 001/21 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 2 Applicant AND HELEN HOLLAND Respondent DEPUTY CHAIR Judge J G Adams MEMBERS OF TRIBUNAL Ms A Callinan Ms M Noble Ms G Phipps Ms S Stuart DATE OF HEARING 13 June 2022 HELD AT Remote hearing by MS Teams DATE OF DE...

8. Nair v Standing [2012] NZIACDT 71 (28 September 2012) [pdf, 94 KB]

   ...overseas bank accounts. [38] Accordingly, in its decision upholding this complaint the Tribunal gave Mr Standing notice that if there was an issue relating to his ability to pay, he should provide information that allowed the Tribunal to evaluate the claim with regard to the funds which had not been accounted for. In the absence of a satisfactory explanation, the Tribunal would proceed on the basis Mr Standing had the means to meet financial sanctions that fully reflect the findings agai...

9. McClean v Accident Compensation Corporation (Appeal) [2023] NZACC 49 [pdf, 193 KB]

   ...treatment by her orthodontist, beginning in July 2008 and concluding on 1 February 2012. [2] ACC declined cover for a dental treatment injury on 24 November 2016. The circumstances of injury described in ACC’s treatment injury report were: Claim lodged for TMJ disfunction, headache, severe underbite and front jaw posteriorly displaced by orthodontic treatment. Factual Background [3] In June 2000, the appellant had veneers set on her upper front teeth “to minimise diastema...

10. The needs of Pacific peoples when they are victims of crime [pdf, 647 KB]

    ...Executive Summary xi 1 Introduction 1 1.1 Project Aims 1 1.2 Project Objectives and Key Research Questions 2 1.3 The Research Team 4 1.4 Overview of the Structure of this Report 4 2 Design and Methodology 5 2.1 Introduction 5 2.2 Developmental Phase and Application to Human Ethics Committee 7 2.3 Pilot Study 7 2.4 Main Study 10 2.5 Data Analysis and Presentation 16 2.6 Problems and Difficulties 16 2.7 Limitations of the Study 17 3 Nature of the Crime 19 3.1 Introduction 19 3.2 Violent Offenc...