Ministry of Justice

Costs. Whether Appellant can claim costs for representation by their wife. Appellant could not establish that his wife satisfied all essential elements of what the law presently requires of an advocate. She was supporting her husband as a spouse. Outcome: claim dismissed.

Claim for cover and request for surgery funding; suspension of entitlements; clause 1 Schedule 1 and s 117 of the Accident Compensation Act 2001. Whether there is need for further surgery and ongoing rehabilitation payments. Lack of evidence that need for surgery and ongoing payments caused by injury and is not merely aggravation of pre-existing condition. Outcome: appeal dismissed. 

Application for leave to appeal a decision regarding changing ACC levy classification unit and a request for a new classification unit to be created. Held: ACC correctly decided that on the levy classification that most accurately described the appellant’s business activity and it could not create a new classification unit under s239 of the Act. Appeals are dismissed.

Weekly compensation - cl 36, Schedule 1, Accident Compensation Act 2001. Appeal of appellant's pre-incapacity earnings to determine whether his weekly compensation was correct. The Corporation was correct in calculating the appellant’s compensation. Outcome: appeal dismissed.

Reserved Judgement, Personal injury - s 26(2) Accident Compensation Act 2001. Whether the appellant's injury was caused by a pre-existing condition or as a result of an accident in 2019. The appellant’s injury was contributed to by an accident in 2019, rather than a pre-existing or degenerative-related condition. Outcome: appeal granted.

Claim for personal injury caused by a series of events – s 25(1)(a)(i), Accident Compensation Act 2001. Appeal decision of whether applicant’s personal injury was caused by a series of events or a gradual process. Insufficient evidence the appellant’s condition was a personal injury. Outcome: appeal dismissed.

Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice require the exercise of the Court’s discretion to sustain his application for leave to file his appeal out of time. Delay did not arise out of error or inadvertence. 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. Delay arose out of understandable error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.

Independance allowance - Schedule 1 Part 4 Accident Insurance Act 1998; ss 48,51,52 Accident Compensation Act 2001. Appellant claims independence allowance for mental injury consequent on physical injury should be backdated to date of physical injuries. Court finds appeal seeking backdated payments cannot be sustained. Outcome: appeal dismissed.

Costs. Costs claim for review applications. Claim application delayed. Outcome: Length of delay was unacceptable. Appeal dismissed.

Leave to appeal. Whether the corporation’s calculation of the applicant’s weekly compensation was correct. Applicant has not established there was an error of law capable of bona fide and serious argument. Outcome: leave to 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. Delay arose out of error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.

Claim for cover for work-related mental injury – ss 21B and 28(1); late lodgement of review application – s 135 Accident Compensation Act 2001.  Whether the appellant satisfies the requirements for a work-related mental injury; whether the Corporation was correct in declining to accept the late lodgement of review application. The appellant meets the statutory criteria for cover for a work-related mental injury. The corporation was correct in finding there was insufficient evidence to show that extenuating circumstances prevented the appellant from lodging review applications within the required time. Outcome: appeal allowed.