Search Results

1. [2021] NZACC 194 - Hooker v ACC (2 December 2021) [pdf, 195 KB]

   ...[22] On 16 November 2020, the Reviewer dismissed the review, on the basis that there was not clear and “cognisant” evidence to support a claim for retrospective incapacity. [23] On 30 November 2020, a Notice of Appeal was lodged. Relevant law [24] Section 103(2) of the Accident Compensation Act 2001 Act (“the Act”) sets out the test for incapacity in relation to entitlements to weekly compensation: The question that the Corporation must determine is whether the claimant i...

2. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [pdf, 186 KB]

   ...it had been declined more than once by Immigration New Zealand (Immigration NZ). The complaint against Ms Tian includes allegations that she did not initially tell Ms Xu that the visa had been declined, that she failed to inform Ms Xu of her unlawful presence in New Zealand, that she failed to obtain instructions and that she misrepresented the nature of an application Ms Xu signed. [2] Ms Tian admits she made mistakes, that she was negligent and that she breached the Code of Con...

3. COVID-19 Justice Sector Survey - Report 8 for the period 2 to 8 June 2020 [pdf, 760 KB]

   ...very poor is unchanged from the previous week and continues to be extremely low, 1%. • The most frequent suggestion about how to improve the justice system response to COVID- 19 is still “Enforce the COVID-19 rules / greater consequences for law breakers”, 35%. However, we have observed a shift in opinion from policing and enforcement to system and services improvement, better COVID-19 monitoring and clarity of safety rules. Ability to access justice services • An overwhelmi...

4. [2022] NZACC 42 - Kidd v ACC (17 March 2022) [pdf, 293 KB]

   ...this, there was also some fraying of the under surface of the acromion. This is consistent with impingement changes. Bursitis. [25] On 14 January 2021, Mr Daniel Harvey, Physiotherapist provided an opinion at the request of the appellant’s lawyer. [26] Mr Harvey noted that there were no previous ACC claims in respect of the appellant’s left shoulder and no evidence of previous imaging demonstrating any pre- existing rotator cuff pathology. [27] Mr Harvey said: Initial...

5. HNL v SEC [2013] NZIACDT 11 (19 March 2013) [pdf, 146 KB]

   ...approach to this professional engagement and his entitlement to fees in these terms: “In order to maintain a professional standard of service it is necessary to protect the intellectual property which is my knowledge and experience of Immigration Law and Practice. It is also necessary to keep clients fully informed of the process(es) required for their application but ensure that clients do not withdraw from my service after obtaining all necessary information, to enable their applic...

6. [2024] NZLVT 040 - Keystone Trust v Ōpōtiki District Council (10 July 2024) [pdf, 1.9 MB]

   ...appropriate in rating matters. If any application for costs is to be made, it shall be made with 15 working days, and any response is to be filed 10 working days thereafter. The particular relevant sections of the Rating Valuations Act and any case law must be included. REASONS Introduction [2] This objection relates to a beach property of some 809m2 at 6/8329 State Highway 35, Whanarua Bay, near Ōpōtiki. [3] The original rating valuation gave a Capital Value of $1,030,000, co...

7. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...determined that his dismissal was unjustifiable because he was not treated fairly and sensitively. [3] The Authority noted that Mr Davison was not entitled to compensation for the loss of the job itself but awarded compensation for the effects of the unlawful termination in the sum of $9,000. Costs were reserved but remain unresolved. The challenge [4] HP challenges the determination. It alleges that: • Mr Davison’s position had been disestablished and he was g...

8. [2021] NZACC 88 - Civil v ACC (22 June 2021) [pdf, 209 KB]

   ...always be borne in mind that there must be sufficient material pointing to proof of causation on the balance of probabilities for a court to draw even a robust inference on causation. Risk of causation does not suffice. [Emphasis added] [34] Case law is clear when a Court is faced with competing medical opinions, it must consider the medical reasoning on the issue of causation. [35] There is no doubt Mr Lyon is well qualified to give opinions in relation to Ms Civil’s left shou...

9. Lakhan v The Real Estate Agents Authority (CAC 414) v Ling Zhu [2017] NZREADT 75 [pdf, 203 KB]

   ...exercise skill, care competence and diligence at all times when carrying out real estate agency work), and r 6.4 (as to the obligation not to mislead a customer or client, nor provide false information, or withhold information that should by law or in fairness be provided) of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [21] The letter also recommended that Ms Zhu familiarise herself with ss 136 and 137 of the Act, as to disclosure of benefits...

10. Waller v Accident Compensation Corporation (Suspension of Entitlement) [2022] NZACC 235 [pdf, 272 KB]

    ...sufficient evidence to suspend Mr Waller’s entitlements; and (2) the medical evidence from Mr Muthu did not show that Mr Waller’s current symptoms were due to a covered injury. [21] On 28 February 2022, a Notice of Appeal was lodged. Relevant law [22] 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 substantiall...