Ministry of Justice

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant did not provide any reasons for delay. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay did not arise out understandable error rather than a change of mind or indecision. Interests of justice not established for appeal. Outcome: appeal dismissed.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Applicant seeks leave to appeal a decision made by the Corporation. Appeal deadline missed by 14 days. Interests of justice require Court to exercise its discretion. Outcome: Leave to file appeal out of time granted.

Leave to appeal – s162 Accident Compensation Act 2001. Appeal of whether there are three reviewable decisions, whether appellant has a valid claim for his right eye, and if the Corporation has failed to make a decision in the statutory time frame. Grounds of appeal proposed are not relevant to the central issue nor sustainable. Outcome: leave to appeal dismissed.

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

Appeal from decision dismissing application for review of another decision declining cover for mental injury caused by treatment - s 26(1)(c) Accident Compensation Act 2001. Court found insufficient evidence that the appellant suffered mental injury as a result of physical injury suffered in treatment (spinal injection). Outcome: appeal dismissed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to Applicant's advocate. 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 by the Applicant's advocate. Interests of justice established for appeal. Outcome: appeal granted.

Appeal from decision of a reviewer to decline weekly compensation in respect of lumbar sprain injury -  s149 Accident Compensation Act 2001. Court found that appellant was not an earner so was not eligible for weekly compensation. Decision of reviewer upheld. Outcome: appeal dismissed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to error by Applicant's representative. 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 a genuine error by Applicant's representative. Interests of justice established for appeal. Outcome: appeal granted.

Late filing of an appeal to the District Court - s 151, Accident Compensation Act 2001. Whether Court should exercise its discretion to allow a longer time for filing the Notice of Appeal, looking at guidelines in Almond v Read [2017] NZSC 80. On balance interests of justice require exercise of Court's discretion. Outcome: appeal granted.

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 the leave to appeal out of time. Delay did not arise out of understandable error or inadvertence. Interests of justice not established. Outcome: claim dismissed.   

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether applicant can file this late appeal. Following precedent from Almond v Read [2017] NZSC 80 applicant will be able to lodge their appeal. Outcome: appeal granted.

Earnings-related compensation. Applicant appealing three separate periods of incapacity covered by two separate injuries. Based on the evidence the applicant was not paid the correct amounts by the corporation over the three periods of incapacity. The difference between the amounts awarded and original amounts are to be paid to the applicant. Outcome: appeal partially allowed.

Weekly compensation – s 103 and Personal injury caused by physical injury - s 26(1)(c) Accident Compensation Act 2001. Whether the Court was correct to decline cover for mental injury as a result of physical injury. Evidence provided concludes the appellant has not established that he suffered CRPS because of his physical injury. Outcome: appeal dismissed.