Ministry of Justice

Weekly compensation ss 67 and 117(1) Accident Compensation Act 2001. Suspension of weekly compensation. Whether the respondent correctly suspended the appellant's entitlement to weeky compensation on the grounds that his current conditions were no longer the result of a personal injury. Outcome: appeal dismissed.

Payment of levies by self-employed person - s 14 Accident Compensation Act 2001. Whether a self-employed person has a liability to pay ACC levies on self-employed earnings when that person is not ordinarily a resident in New Zealand and therefore not entitled to cover for any personal injury suffered outside of New Zealand during that period. Court does not consider it appropriate or necessary to add words linking eligibility under the Act with payment of a levy. Outcome: appeal dismissed.

Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay arose from an error on part of the Appellant rather than a change of mind or indecision. Whether the interests of justice required the Court’s discretion to sustain the Appellant’s application for leave to file his appeal out of time. Outcome: appeal granted

Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant established the interests of justice require the exercise of the Court’s discretion to sustain her application for leave to file her appeal out of time. Outcome: appeal allowed. 

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an inadvertent slip-up by one of the Appellant's legal representatives and was not significant. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file his appeal out of time. Outcome: appeal allowed.

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay arose out of an understandable error or inadvertence on the part of the Appellant's previous advocate. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file her appeal out of time. Outcome: appeal allowed.

Personal injury s 26 Accident Compensation Act 2001. Appellant declined cover for an injury. Whether the Appellant's injury was caused by a snowboarding accident or an underlying condition. Outcome: appeal dismissed.

Vocational independence s 107(1) Accident Compensation Act 2001. Whether the Respondent correctly found that the Appellant had attained vocational independence. Outcome: appeal dismissed.

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay due to medical difficulties. Whether interests of justice required exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal granted.

Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a claimed treatment injury. Whether the treatment surgery caused the Appellant's injury. Outcome: appeal dismissed.

Weekly compensation s 103(2) and Sch 1, Pt 2, cl 32 Accident Compensation Act 2001. Appeal against decision to decline Appellant's application for weekly compensation. Whether there was a causal link between the Appellant's injury suffered in his accident and the physical condition causing his incapacity. Outcome: appeal dismissed.

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Three year delay in filing appeal. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to appeal out of time. Outcome: appeal dismissed.

Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against a decision of a Reviewer. Whether the Appellant's injury was caused by an accident or wholly or substantially by an underlying degenerative condition. Outcome: appeal dismissed.