Ministry of Justice

Vocational independence s 107(1) Accident Compensation Act 2001. Whether the Respondent correctly found that the Appellant had attained vocational independence. Outcome: appeal dismissed.

Late filing of review application and costs – ss 135 and 148, claim regarding Code of Claimants’ Rights – s 140(3), deemed decisions – s 146, Accident Compensation Act 2001. Appeal of three review decisions. Whether Corporation correctly declined to accept the late filing of the applicant’s review application; if so, whether there is jurisdiction to consider the decision suspending entitlements; and whether the decision to award no costs was correct. Whether a Reviewer correctly held that there was no jurisdiction to entertain a review about a revoked decision, as it had been superseded by a later decision, and then awarded limited costs. Whether a Reviewer correctly dismissed the claim that there were two deemed decisions in the appellant’s favour. Outcome: appeals dismissed and review decisions upheld except in relation to the matter of costs and expenses of the 9 November 2020 decision.

Costs claim. Appeal against decision not to reward costs. Outcome: appeal dismissed.

Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether's Appellant's injury was an ordinary consequence of his treatment. Outcome: appeal dismissed.

Weekly compensation s 103(2) and Sch 1, Pt 2, cl 32 Accident Compensation Act 2001. Appeal against decision to decline Appellant's application for weekly compensation. Whether there was a causal link between the Appellant's injury suffered in his accident and the physical condition causing his incapacity. Outcome: appeal dismissed.

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Three year delay in filing appeal. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to appeal out of time. Outcome: appeal dismissed.

Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against a decision of a Reviewer. Whether the Appellant's injury was caused by an accident or wholly or substantially by an underlying degenerative condition. Outcome: appeal dismissed.

Cover granted following lodging of appeal. Respondent reconsidered matter and granted cover for Appellant's injury. Outcome: appeal dismissed.

Revocation of cover s 65(1) Accident Compensation Act 2001. Appeal against decision to revoke the Appellant's cover for back injury. Outcome: appeal dismissed.

Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against Respondent's decision to decline cover for a personal injury. Whether or not the Appellant's back injury was caused by an accident or wholly or substantially by a gradual process or disease. Outcome: appeal dismissed.

Treatment injury s 32 Accident Compensation Act 2001. Whether the Respondent's decision to decline Appellant's cover for a treatment injury was correct. Not establised that Appellant suffered personal inury in receiving treatment. Outcome: appeal dismissed.

Treatment injury s 32 Accident Compensation Act 2001. Appellant declined cover for a treatment injury. Whether the Appellant's personal injury was caused by his underlying condition or was a treatment injury.Outcome: appeal dismissed.

Costs claim. Appellant applied for costs. No sound basis under Rule 14 District Court Rules 2014 for the Appellant to claim any costs. Outcome: appeal dismissed.