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1. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. … (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h). [29...

2. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...New Zealand and expecting them to be deported while doing nothing to assist them has been a standard modus operandi of many fraudulent immigration advisers, licensed and unlicensed. [55] The Tribunal assesses every case on its merits. It must weigh human frailty, and give weight to rehabilitation. However, there is no doubt what happened to the complainant in the J complaint is inherently serious, and raises the question of whether Ms Khetarpal should remain as a member of the professio...

3. Gill v Singh [2016] NZIACDT 36 (30 June 2016) [pdf, 155 KB]

   ...funds being remitted to New Zealand. Then the parties present that employment to Immigration New Zealand as genuine in order to gain visas fraudulently. In such cases, there is potential tax evasion, immigration fraud, breach of employment laws, and human trafficking issues. [31] Given the criminal nature of activities of this kind, and the fact that activities occur outside New Zealand, proof is often difficult. Was I to be deciding this complaint treating the complainant as having an o...

4. [2021] NZEnvC 180 Northern Land Property Limited v Thames-Coromandel District Council [pdf, 2.2 MB]

   ...and activity there. These issues involve assessments of the landscape and the natural character of the area, its relationship with the beach, coastal environment and other neighbouring areas, the cultural heritage of the area and the effects of human activity on those things. Introduction [3] The total area of land in the proposed structure plan is just under 375 hectares. It is presently in 11 titles ranging in size from 506 m2 to over 105 ha. The appellant, Northern Land Pro...

5. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...found that this part of the complaint must remain inconclusive in the absence of further evidence to support either party’s claim. [15] In relation to the missing pages of the listing agreement, the Committee found that this was just a case of human error inside the agency’s office. [16] The Committee found that the complainant had not provided sufficient evidence to support the claim of failure to adequately follow up a prospective buyer. Price Bracket [17] In relation to all...

6. Cockburn v Accident Compensation Corporation (Personal Injury) [2023] NZACC 93 [pdf, 240 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [48] Section 67 of the Act provides: A claimant...

7. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...of: (i) the need and ability to refer to/make use of specialist cultural advice for families of different cultures; (ii) the significance of cultural prohibitions, customs and language of other cultural groups; and (iii) alternative child and human development perspectives. 13.3 Evidence of competency will be demonstrated by relevant academic and formal training, participation in relevant workshops, seminars and conferences, and by maintaining knowledge with current trends in resear...

8. Jones v Accident Compensation Corporation (Personal Injury) [2024] NZACC 106 (25 June 2024) [pdf, 209 KB]

   ...which the person has cover. Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [73] In Johnston,1 France J stated: [11] It i...

9. [2007] NZEmpC AC 12/07 CE of Unitec Institute of Technology v Henderson [pdf, 105 KB]

   ...turn, responsible to the Registrar of Unitec, Rebecca Ewert. Others who dealt with these matters at Unitec included the conciliator, Glenda Grant, and Bev Cullen who was both the co-ordinator of Unitec’s Harassment Policy and acting human resources manager at the relevant time. [13] After making contact with the conciliator, Ms Grant, Ms Henderson’s concerns about Mrs Nummy were dealt with informally and in a low key manner for some time. Ms Henderson’s dealings...

10. Auckland Standards Committee v Andersen [2012] NZLCDT 17 [pdf, 122 KB]

    ...from serious depression such that it affected her overall professional functioning. Dr S noted that during this period Ms Andersen had remained largely untreated for her illness. Whilst the failure to seek proper treatment is understandable at a human level, that is not a responsible response as a professional who is entrusted with important affairs for members of the public. 1 [1994] 2 All ER 486 2 [2012] NZ HC 564 Auckland, Miller,...