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1. [2022] NZACC 58 – Large v ACC (7 April 2022) [pdf, 261 KB]

   ...evidence that the accident had caused any new injury to Mr Large’s lumbar spine and that Dr Xiong’s suggestion that the accident could have caused some intrinsic nerve root injury was speculative and unsupported by any evidence. Relevant law [30] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by a g...

2. IPT Annual Report 2014 [pdf, 3.7 MB]

   ...professional development consisted of several members attending various sessions of the Council of Australasian Tribunals (COAT) conference held in Auckland in June 2014. Topics included the role of Tribunals in the justice system and recommending law reform , appraisal and mentoring of members and the reliance on memory in hearings. Four members attended a seminar on international adoption and surrogacy - family formation in the 21 st century; two members spoke at the Immigration New Zeal...

3. [2022] NZACC 56 – Ajayi v ACC (5 April 2022) [pdf, 214 KB]

   ...well documented that peroneal subluxation usually has a traumatic origin and other conditions such as a convex peroneal groove make you more prone to this condition. I would refer to the eggshell skull principle as a well-recognised principle of law that just because someone has an underlying congenital 7 condition this does not rule them out from cover in the event of a traumatic injury. As such, although he has an underlying congenital susceptibility to peroneal tendon sublu...

4. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

   ...residents moving into this area should have had some expectation of this disturbance.33 The Residents submitted that, in being predicated on expert opinion, which was itself based on what an earlier Environment Court decision had determined was a flawed premise (as in Harvry) the case lacked substance.34 [13] The Residents also submitted that a further proposition inherent to both the Club and Council's case, being that adverse effects of shooting activities were 28 Residents...

5. Logan v Logan - Patangata 2F Section 2B [2022] Māori Appellate Court MB 234 (2022 APPEAL 234) [pdf, 286 KB]

   ...a successful appeal are stricter. It is not the role of the appellate court to consider the case afresh and arrive at its own decision. Rather, an appellate court can only intervene if satisfied that the lower court:4 (a) Acted on an error of law or a wrong principle; (b) Failed to take into account a relevant consideration; (c) Took into account an irrelevant consideration; or (d) Was plainly wrong. [13] An application to confirm an alienation is made per s 151 of the Act. The...

6. [2021] NZEnvC 116 Te Runanga O Ngati Awa v Whakatane District Council [pdf, 952 KB]

   ...Resource Management Act 1991, which gives the Court a general and unfettered discretion to make an award of costs. The Environment Court Practice Note 2014 also sets out guidelines in relation to costs. However, it does not create an inflexible law or practice.6 [11] Section 285 confers a broad discretion. There is a great deal of case law as to the principles to be applied in the exercise of that discretion. Principles which are particularly relevant to this case appear to be as...

7. Harvey v Standing [2012] NZIACDT 58 (30 August 2012) [pdf, 124 KB]

   ...Living New Zealand Ltd had gone 3 into liquidation. The letter suggested Mr Standing would continue to provide immigration services in conjunction with an unnamed licensed immigration adviser. It is not evident how Mr Standing could lawfully perform his professional engagement with Mr Harvey. [16] Mr Harvey made further inquiries and ascertained it appeared unlikely he would qualify for residence in New Zealand and now suspects Mr Standing misrepresented the position an...

8. Tutt v Accident Compensation Corporation (Deemed Cover) [2023] NZACC 72 [pdf, 274 KB]

   ...link with the appellant’s lumbar disc deterioration and the surgery proposed by Spinal Surgeon, Mr Ferguson. Appellant’s Submissions [26] Mr Hinchcliff, on behalf of the appellant, submits that the Clinical Advisory Panel’s decision is flawed. He first turns to the ACC interview script dated 17 February 2020 between ACC’s assessor, Ms Broomhall, in which the appellant described the accident as: Playing frisbee, I jumped and something went (I felt a ping) in my lower ba...

9. Sidhu v Tan [2017] NZIACDT 20 (26 September 2017) [pdf, 244 KB]

   ...Immigration Advisers Registrar BETWEEN Khushmeet Kaur Sidhu Complainant AND Wei-Xiang Shawn (Shawn) Tan Adviser DECISION (IMPOSING SANCTIONS) REPRESENTATION: Registrar: Mr M Denyer, lawyer, MBIE, Auckland. Complainant: In person. Adviser: In person. Date Issued: 26 September 2017 2 DECISION The decision in this case [1] This decision makes the following orders against Mr Tan in relation t...

10. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

    ...OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the defendants that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. 2 [2] In Mackrell v Universal College of Learning High Court Palmerston North CIV2005- 485-802, 17 August 2005 at [48] Wild J held that the Tribunal has a wide discretionary power to strike out or to dismiss a proceeding brought before...