Ministry of Justice

Jurisdiction - s 134 Accident Compensation Act 2001. Appellant suffered physical injury and post-traumatic stress disorder from sexual assault. Appellant suffered concussion injury and traumatic amputation of finger in accident. Corporation declined cover for physical injury. Court found no power to reinvestigate what happened. Jurisdiction confined to hearing appeal against review decision as set out in s 149(1)(a). Appellant may be able to lodge claim for counselling. Outcome: appeal dismissed.

Employer Levy Classification - ss168, 170 Accident Compensation Act 2001. Whether appellant classifies for ACC levy purposes under classification unit CU96100 (Religious Organisations and Activities). Decision of reviewer had found the appropriate classification unit was different. Analysis of what appellant trust does shows decision of reviewer was correct. For purposes of s170 the most accurate classification unit is 96290. Outcome: appeal dismissed.

Claims for costs on appeal Part 14 District Court Rules 2014. Outcome: Appellant awarded $859.50 in costs on appeal. Appeal allowed.

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 question of law capable of bona fide and serious argument. Outcome: appeal dismissed.

Section 6 “Earner”; Weekly Compensation, Clause 32 – First Schedule Accident Compensation Act 2001. Whether the appellant meets the criteria of the Act for having “earnings” at the time of her covered injury. The decision that the appellant did not qualify for weekly compensation is correct. The appellant had no taxable earnings falling within New Zealand’s income tax laws. Outcome: appeal dismissed.

Mental injury, s21, Schedule 3 – Accident Compensation Act 2001. Appeal against decision declining appellant cover for mental injury under grounds that circumstances from the act did not fall within the description of an offence. Act fell between the description of an offence. Outcome: appeal allowed.

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 error of law capable of bona fide and serious argument. Outcome: appeal dismissed.

Claim for personal injury - s 26 deemed decision – s 58 Accident Compensation Act 2001. Appeal of review decision declining cover for back sprain, lumbar sprain and postural scoliosis. Appellant failed to establish the Reviewer incorrectly dismissed review application. 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 appeals out of time. Interests of justice established for appeal. Outcome: appeal granted.

Impairment assessment for independence allowance - pt 4, sch 1 Accident Compensation Act 2001. Appellant has cover for sensitive claim relating to childhood sexual abuse. Appeal against decision of Reviewer dismissing an application for review of Corporation's decision determining entitlement to independence allowance. Appellant has not established on balance of probabilities that assessment of her impairment was flawed or incorrect. Outcome: appeal dismissed.

Claim for personal injury, claim for weekly compensation - s 26, s 100 Accident Compensation Act 2001. Appeal from decision to decline additional cover and entitlement to weekly compensation. Appellant's accident caused an acute physical injury that substantially contributed to post-accident incapacity. Appellant entitled to cover for personal injury and consequent entitlements including weekly compensation. Outcome: appeal allowed.

Claim for work-related gradual process injury - s 30(2) Accident Compensation Act 2001. Appeal from decision to decline cover for gradual process injury as result of exposure to glutaraldehyde. Found that person exposed to glutaraldehyde in stock was at significantly greater risk of suffering poisoning. Appellant qualifies for cover. Outcome: appeal allowed.