Ministry of Justice

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. 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.

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 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.

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.

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

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.

Leave to appeal to the District Court on an error of law against a judgment. Appellant did not establish sufficient grounds to sustain the application for leave to appeal. Outcome: appeal dismissed.

Work related mental injury s 21B Accident Compensation Act 2001. Appeal against declined cover for a mental injury resulting from workplace bullying. Whether the circumstances of the Appellant’s claim met the criteria of s 21B. Outcome: appeal granted.

Section 58 Deemed decision; Conciliation – delay, Accident Compensation Act 2001. Appeal against review dismissing two applications for review. Whether ACC delayed making a decision on appellant’s claim for entitled to weekly compensation. Whether ACC is deemed to have covered appellant’s injuries. Outcome: appeal dismissed.

Calculation of weekly earnings – s 40 Accident Rehabilitation and Compensation Insurance Act 1992. Whether respondent’s decision on the calculation of the appellant’s entitlement to weekly compensation is correct. Specific focus on issue of whether earnings from 1995/1996 tax year should be included in calculations of weekly compensation payable to appellant following injury in 1997. Outcome: appeal dismissed.

Personal injury s 26 Accident Compensation Act 2001. Appellant declined cover for an injury. Whether the Appellant's injury was caused by a snowboarding accident or an underlying condition. Outcome: appeal dismissed.

Leave to appeal. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.