Search Results

1. Lewis v Accident Compensation Corporation (Claim for treatment injury) [2024] NZACC 159 [pdf, 176 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: 8 (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of i...

2. BL v Accident Compensation Corporation (Overseas Personal Injury) [2023] NZACC 106 [pdf, 175 KB]

   ...life-threatening stressful events that are certain to cause pervasive distress is almost anyone. The threats [the appellant] experienced during those five long months were sufficiently severe to overwhelm [the appellant’s] coping and adaptability resources. She demonstrated enduring personality change [f]ollowing an extended five-month series of inescapable, overwhelming traumas. That is, the medical evidence suggests that [the appellant’s] mental injuries were caused by the...

3. BIM-Sector-Directorate_FINAL.pdf [pdf, 361 KB]

   ...specific issues relating to remand. This work is being co-ordinated under the Remand Action Plan. 30. These programmes of work have now reached sufficient maturity to allow the sector to better consolidate or sequence the work and allow smarter use of resourcing across the work programmes. The Sector Directorate and the High Impact Innovation Programme Team are supporting the alignment of these programmes of work. 31. As Minister of Corrections, Hon Kelvin Davis is the ministerial spon...

4. [2024] NZEmpC 116 Osborne v Callaghan Innovation [pdf, 203 KB]

   ...comply with the principles of natural justice and identify the persons in the organisation to whom a disclosure was to be made.10 [10] The PDA defined serious wrongdoing, and it included:11 (a) an unlawful, corrupt or irregular use of funds or resources of a public sector organisation; or (b) an act, omission, or course of conduct that constitutes a serious risk to public health or public safety or the environment; or (c) an act, omission, or course of conduct that constitutes a...

5. P and R v EQC and MIS [2024] CEIT-2023-0014 [pdf, 331 KB]

   ...Government’s financial assistance package, which pays half the remediation costs for leaky home issues. However, the need to repair earthquake damage before the weathertightness issues can be addressed means that their ability to access this resource is reliant on the timely resolution of the matters before the Tribunal. 6) During today’s first case management conference R spoke eloquently and concisely as to the difficulties P and R and their family have faced. I acknowledge a...

6. Bevan-Smith v One New Zealand Group Ltd (Strike Out) [2024] NZHRRT 48 [pdf, 583 KB]

   ...discretion to strike out the claim. Dr Bevan-Smith could have filed his evidence and avoided this claim being struck out, but he chose not to do so. One NZ should not be put to any further cost of defending this matter, nor should any further Tribunal resources be expended on this matter. [44] In light of these factors, the Tribunal considers it wholly appropriate to exercise its discretion to strike out the claim. [45] No issues of costs arise, these are not sought by the defendant. ORDER...

7. 202412 LTIB Topic Consultation Document [pdf, 318 KB]

   ...law, and issues like strikes and lockouts. • Environment Court: This court mostly deals with appeals about the contents of regional and district plans and decisions by city, district, and regional councils about permissions to use land or water (resource consents). • Coroners Court: Coroners investigate unexpected, violent, or suspicious deaths to find out when, where, how, and why they happened. They also look at ways to prevent similar deaths in the future. • Māori Land Court...

8. [2025] NZEmpC 146 RDJ v SGF [pdf, 232 KB]

   ...contempt.5 It is self-evident that there are important public policy reasons why such matters should be able to be brought to the Court’s attention. That, in turn, requires parties to be able to access the Court. It is well accepted that financial resource is a barrier for many in this jurisdiction.6 Does the Employment Court have the power to waive or postpone fees? [9] Regulation 75 of the Employment Court Regulations 2000 provides that the fees specified in sch 3 are paya...

9. [2025] NZEmpC 109 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 214 KB]

   ...Notwithstanding that, if the Court is minded to award costs to Associate Professor Wiles, the starting point should be calculated in accordance with category 2B. (c) Associate Professor Wiles’s costs should be reduced in recognition of the time and resources required by the University to defend her unsuccessful claims. (d) Associate Professor Wiles is not entitled to any uplift, and instead any costs awarded should be reduced as her conduct unnecessarily extended the duration...

10. S Ltd v CN [2024] NZDT 900 (13 February 2024) [pdf, 319 KB]

    ...a “haul out” only. 35. The applicant had not expected to be “drawn into” a significant repair job with a problematic boat. 36. Hence, it is difficult for me to be critical of the applicant if there was delay due to the applicant’s resources being busy with other jobs, some of which would likely have been pre- booked ahead, or was urgent work required to commercial ferries. 37. In addition there was a covid lock down. 38. Accordingly, I cannot make a finding against th...