New Zealand Case Law: Decisions & Judgments

Topic

Non-publication

Legal area

Court

29 Apr 2016

DD v Accident Compensation Corporation

Citation

[2016] NZACC 122
Court

District Court

The Court accepted the respondent's expert medical opinion that the appellant's spondylolisthesis and disc disease are due to gradual degenerative change from repetitive stress and constitutional factors rather than a single traumatic event in 2002; the respondent had an adequate evidential basis to be "not satisfied" and suspend entitlements; the appellant failed to prove on the balance of probabilities that the 2002 accident caused the ongoing condition, so the appeal is dismissed.
30 Sept 2015

"P" v COMMISSIONER OF INLAND REVENUE [2015] NZHC 2293

Citation

[2015] NZHC 2293
Court

High Court

The law materially changed on 30 June 2014 by inserting s176(3) and related amendments permitting the Commissioner to take steps preparatory to bankruptcy even where recovery would place a taxpayer in serious hardship; the Commissioner breached natural justice by failing to inform the applicant of that change and by not giving him an opportunity to make submissions under the new statutory framework, but judicial relief was declined because, on the facts, a reasonable Commissioner acting with fidelity to the statute would inevitably have reached the same decision to pursue recovery to the exte…
28 Sept 2015

Orbell-Proctor v Accident Compensation Corporation

Citation

[2015] NZACC 293
Court

District Court

As at 6 June 2012 the available medical evidence pointed to age-related cervical spondylosis and AC joint arthropathy and excluded a rotator cuff injury; that evidence provided a sufficient basis under s117 to suspend entitlements, so the appeal is dismissed and the reviewer's decision upheld.
3 Jul 2015

Pudney v Accident Compensation Corporation

Citation

[2015] NZACC 187
Court

District Court

The Court preferred the evidence of the treating orthopaedic surgeon (Mr Wilson) because of his detailed knowledge of the patient pre- and post-accident, the mechanism of injury and MRI findings consistent with a traumatic subscapularis lesion; on balance the appellant established that the need for the proposed surgery was caused by the covered accident, so the reviewer/CAP decision was wrong and the appeal is allowed.
9 Jun 2015

THE COMMISSIONER OF POLICE v DOUGLAS [2015] NZHC 1293

Citation

[2015] NZHC 1293
Court

High Court

The settlement met the s95 threshold because it served the purposes of the Criminal Proceeds (Recovery) Act 2009 and the overall interests of justice by providing a pragmatic compromise that reduced cost and uncertainty; accordingly the High Court approved the settlement and made the consequential orders requested.
24 Oct 2012

Pai-Waipouri v Accident Compensation Corporation

Citation

[2012] NZACC 349
Court

District Court

The court found that although the appointment requirements were reasonable, the appellant's non-attendance on 30 May and 1 June 2011 was excusable given eviction, mental and physical health problems and accumulated life stressors; those circumstances were exceptional and made it inequitable to refuse backdated weekly compensation; both appeals were allowed and the Corporation was ordered to fill the payment gap between suspension and reinstatement.
8 Aug 2012

DOTCOM V ATTORNEY-GENERAL MEDIA HC AK CIV 2012-404-001928

Citation

openlaw-ac494986_bf1b_4261_a191_52119f1d79b4.pdf
Court

High Court

Suppression orders are justified only where publication would materially imperil safety or operational effectiveness; applying that test the Court granted non-publication of identifying particulars of AOS/STG members and suppression of STG call signs (except Zero Alpha) and a minute-by-minute operational plan portion of the Request for Assistance (page 108 up to 'Legal Authority'), but refused broader suppression of the remaining document material as not operationally sensitive; interim continuation of non-publication for the two documents was ordered to permit consideration of appeal.
2 Sept 2011

THE SOLICITOR-GENERAL OF NEW ZEALAND V SIEMER HC WN CIV-2010-404-8559

Citation

openlaw-f6dbb29f_9484_4bb3_a4df_ac3b0a6f53f6.pdf
Court

High Court

Respondent was found to have deliberately and comprehensively published material in breach of a suppression order, and given his persistent and obdurate history of similar conduct no response short of imprisonment would adequately reflect the seriousness or provide deterrence; a term of six weeks' imprisonment was therefore imposed, with a two-week stay to allow lodging of an appeal.
13 Oct 2009

DR G V DIRECTOR OF PROCEEDINGS HC AK CIV-2009-404-000951

Citation

openlaw-3e86b55e_c81a_4139_9721_64e44d92387e.pdf
Court

High Court

The High Court set aside the Tribunal majority's finding that a continuous doctor/patient relationship existed from 2004 to 2007; instead the sexual relationship commenced with a former patient and limited medical services were subsequently provided during the sexual relationship in April-May 2007 which technically fall within the charge but whether those acts constitute professional misconduct is undecided; the matter is remitted for further submissions and possible reconsideration given insufficient reasoned basis and evidential gaps.