Use the search function below to find recent ACADCR decisions. For older decisions, see:
914 items matching your search terms
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 for leave to file her appeal out of time. Delay was not due to understandable error or inadvertence. Outcome: appeal dismissed.
Personal injury/Causation - exposure to spray ss 25-26 Accident Compensation Act 2001. Whether the decision to decline cover for cost of treatment and other support was correct. Whether treatment arose out of an injury suffered in an earlier accident. Causation is proven on the balance of probabilities. Outcome: appeal allowed.
Review of old decision s 134 Accident Compensation Act 2001. Whether the reviewers were wrong to find that there were no reviewable decision in respect of specific decisions. Whether the Appellant had a valid claim for cover. Sufficient evidence for the process to be initiated. Outcome: appeal allowed.
Leave to appeal to the High Court on error of law. Appellant did not establish sufficient grounds to sustain application for leave to appeal. Outcome: appeal dismissed.
Weekly compensation s 100 Accident Compensation Act 2001. Appeal against decision to decline Applicant's application for weekly compensation. Whether incapacity was caused by a gradual process condition or wholly or substantially by his accident. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against a decision to decline cover for a claimed treatment injury. Whether the treatment surgery caused the Appellant’s injury. Outcome: appeal dismissed.
Entitlements s 67, s 69 and sch 1 – Accident Compensation Act 2001. Appeal of decisions declining cover and funding for surgery to treat a T7/T8 disc injury and declining continuing weekly compensation. Whether the problem at T7/T8 was caused by the accident, or was it natural degeneration rendered symptomatic by the accident. Outcome: appeal allowed.
Claim for costs - Accident Compensation Act 2001. Appellant sought costs for reimbursements relating to self-representation expenses such as typing submissions, photocopying, and internet bill. Claim for typing and photocopying accepted. Internet use claim declined. Outcome: appeal allowed in part.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Whether the interest of justice required the Court to exercise discretion to sustain the Appellant's application for leave out of time. Delay arose at least partly from factors beyond the Appellant's control. Outcome: appeal allowed.
Causation; Personal Injury s 26; Personal injury caused by accident s 20 – Accident Compensation Act 2001. Appeal of decision declining surgery funding and cover for an annual tear at L5/S1 in the appellant’s lumbar bone. Whether the appellant’s pathology requiring surgery was wholly or substantially caused by her accident or whether it was degenerative. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant’s delay arose out of the error or inadvertence of her advocate. Whether the interests of justice require the exercise of the Court’s discretion to sustain the Appellant’s application for leave to file her appeal out of time. Outcome: appeal granted.
Leave to appeal on error of law. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Social rehabilitation, transport for independence – ss 81, 84 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining purchase of a mobility scooter and provide a tricycle. Appellant failed to establish decision to decline to purchase a scooter and provide a tricycle was incorrect. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant's delay arose out of the error or inadvertence of her advocate. Whether the interests of justice require the exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appeal of decision dismissing an application to review decision revoking cover for mental injury and revoking deemed cover for a spinal cord injury. Whether interests of justice require the exercise of the Court’s discretion to sustain the appellant’s application for leave to file appeal out of time. Outcome: leave to appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant’s delay arose out of the error and inadvertence of his advocate. Whether the interests require the exercise of the Court’s discretion to sustain the Appellant’s application for leave to file his appeal out of time. Outcome: appeal granted.
Costs - Accident Compensation Act 2001. Costs claim in relation to a successful appeal decision. No basis on which to award costs or disbursements. Outcome: appeal dismissed.
Claim for personal injury - ss 25-26, and suspension of entitlements – s 107 Accident Compensation Act 2001. Appellant declined cover for injury. Whether the Appellant's injury was caused by a gym accident or a pre-existing condition. Outcome: appeal dismissed
Claim for entitlement s 67 Accident Compensation Act 2001. Whether the Appellant's condition requiring surgery was caused by a covered injury suffered in an accident. Evidence did not establish that the Appellant's condition requiring surgery was caused by his covered injury suffered in an accident. 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. Appellant’s delay arose out of understandable inadvertence. Whether the interests of justice required the exercise of the Court’s discretion to sustain the Appellant’s application for leave to file his appeal out of time. Outcome: appeal granted.
Claims for personal injury – ss 25-26 and weekly compensation – s 103, Accident Compensation Act 2001. Whether ACC’s decision was correct to decline cover for the appellant’s rotator cuff injury. Whether ACC was correct to decline to pay weekly compensation. Outcome: appeals allowed.
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
Entitlements/Social Rehabilitation – Part 4 Accident Compensation Act 2001. Appeal of decision declining funding for a neck brace. Decision has been reversed, no grounds for anything further to occur. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay arose due to a filing error made by the Appellant’s advocate, which was not significant. Whether the interests of justice required the exercise of the Court’s discretion to consider the Appellant’s application for leave to file her appeal out of time. Outcome: appeal granted.