Use the search function below to find recent ACADCR decisions. For older decisions, see:

NZLII decisions for ACADCR

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1. [2021] NZACC 63 – Carr v ACC (20 April 2021) [PDF, 236 KB]

   Vocational independence s 107 Accident Compensation Act 2001. Suspension of weekly compensation entitlement. Outcome: decision of reviewer upheld; appeal dismissed.

2. [2021] NZACC 62 - Atley v ACC (20 April 2021) [PDF, 243 KB]

   Late application for review – s 135 Accident Compensation Act 2001. Corporation declined late application for review. Outcome: appeal dismissed.

3. [2021] NZACC 52 - Thompson v ACC (17 March 2021) [PDF, 230 KB]

   Suspension of Weekly Compensation s 117(1) Accident Compensation Act 2001. Whether there was sufficient basis to decide Appellant no longer entitled to weekly compensation. Outcome: appeal dismissed.

4. [2021] NZACC 51 - Wylie v ACC (17 March 2021) [PDF, 206 KB]

   Treatment Injury ss 32(1) and 33 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Outcome: appeal dismissed.

5. [2021] NZACC 50 - Astle v ACC (17 March 2021) [PDF, 224 KB]

   Suspension of Entitlements s 117 Accident Compensation Act 2001. Appeal against decision to suspend Appellant's entitlements for covered back injury. Outcome: appeal allowed.

6. [2021] NZACC 44 - Waite v ACC (17 March 2021) [PDF, 261 KB]

   Accident s 25, Personal Injury s 26 and Vocational Independence s 6 Accident Compensation Act 2001. Appeal against decision declining cover, decision advising that appellant had achieved vocational independence in two work types and decision declining cover of an injury as a consequence of treatment for a covered injury. Outcome: appeal against decision to decline cover of an injury as a consequence of treatment for a covered injury allowed, other appeals dismissed.

7. [2021] NZACC 49 - Tinning v ACC (16 March 2021 [PDF, 196 KB]

   Vocational Independence s 8, s 80, ss 107-110 Accident Compensation Act 2001. Whether ACC correctly decided Appellant was vocationally independent in three work types. Outcome: appeal dismissed. Reviewer's decision that modified Appellant's vocational independence to two work types upheld.

8. [2021] NZACC 48 - Phelps v ACC (15 March 2021) [PDF, 189 KB]

   Application for leave to appeal to the High Court pursuant to s 162 of the Accident Compensation Act 2001. Judge was entitled to prefer evidence of the panel having properly identified the issue for determination and correctly analysed the key arguments made on behalf of Applicant. No question of law has been identified which should be referred to the High Court. Outcome: application for leave dismissed.

9. [2021] NZACC 41 - ACC v Building Connexion Ltd (1 March 2021) [PDF, 264 KB]

   Levies s 170 Accident Compensation Act. Appeal of deicsion setting aside Corporation's decision classifying respondent's business activity for levy purposes. What industry or risk class most accurately describes respondent's business activities. Outcome: appeal dismissed.

10. [2021] NZACC 42 - ACC v Southern Lakes Building Ltd (1 March 2021) [PDF, 263 KB]

    Levies s 170 Accident Compensation Act 2001. Appeal of decision setting aside Corporation's deicsion classifying respondent's business activity for levy purposes. What industry or risk class most accurately describes respondent's business activity. Whether respondent is engaged in two or more business activities. Outcome: appeal dismissed.

11. [2021] NZACC 40 - OBrian v ACC (25 February 2021) [PDF, 329 KB]

    Appeal under s 151 of the Accident Compensation Act 2001. Applicant declined elective surgery and declined payment of weekly compensation. Outcome: appeal allowed.

12. [2021] NZACC 38 - ACC v White and Ovation NZ Ltd (19 February 2021) [PDF, 214 KB]

     Work-related personal injury, gradual process personal injury and natural justice – ss 20(2)(g), 28, 140 and 142 Accident Compensation Act 2001. Appeal against decision granting cover for a gradual-process condition secondary to an earlier injury covered by the Corporation. Corporation was not notified of review hearing. Outcome: appeal allowed, decision quashed and remitted back for review to be conducted afresh.

13. [2021] NZACC 39 - Gupta v ACC (19 February 2021) [PDF, 215 KB]

    Weekly compensation s 103(2) Accident Compensation Act 2001. Appeal against decision declining weekly compensation on basis there was insufficient evidence of link between incapacity and injury suffered in an accident. Outcome: appeal allowed.

14. [2021] NZACC 37 - Hood v ACC (18 February 2021) [PDF, 152 KB]

    Claim for cover s 26 Accident Compensation Act 2001. Appeal of decision declining cover. Whether injury caused by accident. Outcome: appeal dismissed.

15. [2021] NZACC 36 - Dunnage v ACC (17 February 2021) [PDF, 71 KB]

    Leave to appeal to the High Court on a question of law. Parties agreed that leave should be granted. Outcome: leave to appeal granted.

16. [2021] NZACC 35 - Kinney v ACC (15 February 2021) [PDF, 202 KB]

    s 25 - Accident: s 26 - Personal Injury; Causation; Accident Compensation Act 2001. Respondent declined cover for lumbosacral discitis on grounds that there was no causal link between discitis and a covered accident. Outcome: appeal allowed.

17. [2021] NZACC 9 - Stryder v ACC (12 January 2021) [PDF, 164 KB]

    Treatment Injury ss 26(1)(c) 32 and 33 Accident Compensation Act 2001. Overwhelming weight of evidence that there was no treatment injury. Outcome: appeal dismissed.

18. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [PDF, 241 KB]

    Causation; Deemed Decision s 48 Accident Compensation Act 2001. Appellant declined cover for disc herniation. Outcome: appeal dismissed.

19. [2021] NZACC 29 - Van Essen v ACC (9 February 2021) [PDF, 196 KB]

    Issue Estoppel; Causation s 26 Accident Compensation Act 2001. Appellant declined cover for regional pain syndrome. Outcome: appeal allowed.

20. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [PDF, 184 KB]

    Measurement of Hearing Loss - Personal Injury s 26(1A) Accident Compensation Act 2001. Appellant declined cover for work-related hearing loss on basis that loss was less than 6% threshold. Outcome: appeal allowed, cover granted.

21. [2021] NZACC 30 - Knox v ACC (5 February 2021) [PDF, 187 KB]

    Incapacity for Work s 103(1)(a) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant was considered to be an earner at the date of the accident. Outcome: appeal allowed.

22. [2021] NZACC 31 - Reynolds v ACC (5 February 2021) [PDF, 206 KB]

    Causation s 26 Accident Compensation Act 2001. Appellant declined funding for lumbar surgery. Outcome: appeal allowed.

23. [2021] NZACC 27 - Williams v ACC (4 February 2021) [PDF, 153 KB]

    Whole Person Impairment pt 4 sch 1 Accident Insurance Act 1998. No longer entitled to receive independence allowance because level of whole person impairment less than 10% threshold. Outcome: appeal dismissed.

24. [2021] NZACC 28 - Williams v ACC (4 February 2021) [PDF, 171 KB]

    Incapacity for Work s 103(2) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant incapacitated for his pre-injury employment between those dates.Outcome: appeal allowed.

25. [2021] NZACC 25 - Singh v ACC (3 February 2021) [PDF, 138 KB]

    Costs decision. Outcome: appellant awarded $3,447.