Ministry of Justice

Claim for treatment injury - s 32 Accident Compensation Act 2001. Appeal relating to cover for treatment injury. Whether the Corporation’s decision dated 4 April 2016 accepting cover for treatment injury was correct. Treatment injury was caused when Appellant received treatment from registered health professional and which was not a necessary part or ordinary consequence of the treatment. Corporation's decision to accept cover for treatment injury was correct. Previous decision upheld. Outcome: appeal dismissed.

Claim for weekly compensation - s 15 (3) and clause 31 of Schedule 1 Accident Compensation Act 2001. Found that Corporation correctly calculated Appellant's entitlements by adopting income tax return for year ending March 2021 in respect of his injuries as a shareholder-employee, rather than calculating an amount which represented "reasonable remuneration" for the relevant period. Previous decision of reviewer upheld: Outcome: appeal dismissed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than indecision. Outcome: appeal granted.

Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his application for leave to appeal. No established error of law capable of bona fide and serious argument. Outcome: appeal dismissed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Interests of justice established for appeal. Delay arose out of an understandable error or inadvertence rather than indecision. Outcome: appeal granted.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to issues navigating ACC process. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay arose out of error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.

Appeal against decision regarding weekly compensation - Section 149 Accident Compensation Act 2001. Found that recalculation of appellant's shareholder salary for the relevant year has been appropriate and proper. Outcome: present appeal struck out. 

Claim for costs on appeal. Respondent ordered to pay Appellant $3,972.25 ($3,772.25 costs and $200 disbursements). Appeal allowed.

Claim for costs on appeal. Appellant discontinued the proceeding and is not entitled to costs. Outcome: claim dismissed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay arose out of understandable error, rather than a change of mind or indecision. Interests of justice established for appeal. Outcome: appeal granted.

Work-related gradual process - s 30 Accident Compensation Act 2001. Appeal of decision that quashed declining cover for work-related gradual process injury. Whether shoulder injury was work-related gradual process injury. Workplace assessment occurred after review decision. Outcome: review decision quashed. Order directing another review by different Reviewer considering all evidence.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.

Treatment injury - s 32 Accident Compensation Act 2001. Appeal against review decision declining cover for hepatitis C as a treatment injury. The appellant failed to prove, on the balance of probabilities, that the hospital care he received for a brain bleed caused the infection. Outcome: appeal dismissed. Review decision upheld.