Ministry of Justice

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required 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 understandable error. Outcome: appeal granted.

Deemed cover, personal injury - s 58, s 26 Accident Compensation Act 2001. Appeal of decision confirming deemed cover but simultaneously revoking deemed cover for eye injury/eye trauma, lower back injury, head injury. Same decision had confirmed cover for contusion of lower back. Appellant's position that injuries were suffered as result of police arrest. Court found not enough evidence of injuries caused by police. Decision to revoke cover for eye injury and head injury was correct. Outcome: appeal dismissed.

Ordinarily resident in New Zealand - s 117 Accident Compensation Act 2001. Appeal against decision declining cover as appellant not ordinarily resident of New Zealand at time of accident. Appellant not received New Zealand income since 2014. Appellant prevented from treating New Zealand as permanent place of residence. Outcome: appeal dismissed.

Cover - Accident Compensation Act 2001. Whether decisions to decline cover for hip injury and suspend entitlements was correct. Evidence suggested injury due to degenerative changes rather than resulting from accident. Respondent correct to suspend appellant's entitlements. Outcome: appeal dismissed.

Personal injury, s 26 Accident Compensation Act 2001. Appeal to consider entitlements of the appellant.  Outcome: appeal allowed. Suspension of weekly entitlements is wrong and is reversed. 

Revocation of cover - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover for back pain. Pain not considered to be a injury which should be granted cover. Outcome: appeal dismissed.

Weekly compensation - ss 100, 103, cl. 32(1)(a) and (b) Accident Compensation Act 2001. Whether Appellant was unable to engage in employment when personal injury suffered. Whether Appellant was an earner immediately before incapacity commenced. Appellant was able to engage in employment. Appellant was not an earner immediately before claimed periods. Outcome: appeal dismissed.

Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain her application to file her appeal out of time. Interests of justice established for appeal. Delay arose in filing from surgeries undertaken by the appellant. Outcome: appeal granted.

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

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

Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether respondent correct to decline entitlement to weekly compensation on the basis that applicant had unreasonably failed or refused to undergo an initial medical assessment. Insufficient grounds to sustain application for leave to appeal. 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 not established for appeal. Appellant did not provide reasons for delay. Outcome: appeal declined.

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.