Search Results

1. Morris v Accident Compensation Corporation (Suspension of entitlements) [2024] NZACC 144 (2 September 2024) [pdf, 452 KB]

   ................................................................................................................. [139] Result ...................................................................................................................... [142] Costs ....................................................................................................................... [144] Introduction [1] Mr Morris’ appeal challenges the correctness of the: (a) Corporation’s decision dated...

2. MJ v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 007 (14 January 2025) [pdf, 208 KB]

   ...entitled to weekly compensation 24 months or more before turning 65. The Corporation further advised that, although it was unable to provide weekly compensation, it might be able to offer other assistance towards MJ’s recovery and treatment costs. MJ applied to review this decision. [26] On 1 March 2022, Ms Eileen Swan, Psychology Advisor, following a review of the available records, considered that all three diagnosed mental injuries (including PTSD) were clearly manifest in 20...

3. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

   ...the above considerations, the Court finds that this Court does not have jurisdiction to hear and determine the appellant’s appeal against the Reviewer’s decision of 2 May 2023. This appeal is therefore dismissed. [54] I make no order as to costs. P R Spiller District Court Judge 5 Sinclair, above note 2, at [24].

4. [2025] NZEmpC 39 Alexander v Thorn [pdf, 185 KB]

   ...by the parties for leave to file challenges out of time are unsuccessful. [45] The Court file on these matters may not be searched without leave of the Court. [46] As both parties have been unsuccessful in their applications, I consider that costs ought to lie where they fall. M S King Judge Judgment signed at 4.30 pm on 11 March 2025

5. Garry v Accident Compensation Corporation (Revocation of cover) [2025] NZACC 42 (5 March 2025) [pdf, 178 KB]

   ...a recognisable pattern of tendon failure that propagates, progressing from a subclinical level to include partial thickness tears, full thickness tears, and rupture. Result [45] The appeal is dismissed accordingly. There is no issue as to costs. AA Sinclair District Court Judge

6. Hopps v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 014 (28 January 2025) [pdf, 201 KB]

   ...13 April 2023, correctly declined cover for Ms Hopps’ sensorineural hearing loss as a treatment injury. The decision of the Reviewer dated 23 January 2024 is therefore upheld. This appeal is dismissed. 16 [56] I make no order as to costs. P R Spiller District Court Judge

7. Gardiner v Accident Compensation Corporation (Personal Injury) [2025] NZACC 022 (4 February 2025) [pdf, 200 KB]

   ...dated 24 June 2024 is set aside. In terms of section 161(2)(b) of the Act, the Court directs that Mr Gardiner be granted cover, surgery funding and other legitimate entitlements for his right rotator cuff tear. [47] Mr Gardiner is entitled to costs. If these cannot be agreed within three calendar weeks, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Respondent: Fletcher Vautier Moore....

8. Fong v Accident Compensation Corporation (Suspension of entitlements) [2025] NZACC 004 (13 January 2025) [pdf, 239 KB]

   ...should lodge a claim for cover accordingly. The Court having found the 2021 covered injuries are spent, it has no jurisdiction in this appeal to consider a new claim for cover. [70] The appeal is dismissed. [71] There is no issue as to costs. Judge D L Henare District Court Judge For the Appellant: ACC and Employment Law, Auckland For the Respondent: MC, Auckland

9. Peita v Accident Compensation Corporation (Backdated Weekly Compensation) [2025] NZACC 31 (20 February 2025) [pdf, 183 KB]

   ...amount was paid to Mr Peita on 26 August 2022. Accordingly, interest is payable under s 114 for the period from 25 April 2022 to 26 August 2022 and has been correctly calculated. Result [69] The appeal is dismissed. There is no issue as to costs. AA Sinclair District Court Judge Solicitors: Gibson Sheet for the Appellant Medico Law Ltd for the Respondent

10. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

    ...misconduct were instances in which they were said to have failed to investigate the possibility of innocence. He criticised the Police for failing to investigate Laniet's allegation of incest;143 test Robin's body and David promptly for firearm discharge residue;l44 preserve luminol footprint carpet samples;145 preserve evidence on Robin's body; 146 obtain photos from the pathologist,147 take proper steps to ascertain the timing relevant to the alibi defence; 148 and have Ro...