Ministry of Justice

Funding for surgery cl 2 Schedule 1 Accident Compensation Act 2011 - Weekly compensation s 103 -  Suspension of entitlements s 117. Appeal against declined funding for surgery. Appeal against declined weekly compensation. Appeal against suspension of ongoing entitlement to fund medical treatment. Outcome: need for surgery not causally linked to accident. Suspension of entitlements decision dismissed. Causal inquiry directed into the appellant's incapacity related to covered injuries. Appeal granted in part.

Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. Whether District Court erred in law by incorrectly interpreting the legal test under s 65(1) of the Act; whether the Court made an eror of law regarding causation; and whether the Court made an error of law by failing ot delivery adequate reasons for decision. Bona fide question of law that is seriously arguable not established. Outcome: appeal dismissed.

Entitlement to surgery s 64 and Schedule 1 – Accident Compensation Act 2001. Appeal challenging decision of ACC declining request to fund surgery on the basis the need for surgery did not arise as a result of covered injuries. Outcome: appeal dismissed.

Application for leave to appeal to the High Court on a question of law under s 162 of the Accident Compensation Act 2001. Whether the Corporation was correct in making the decision to suspend entitlements. Outcome: application for leave to appeal to the High Court is dismissed.

Application for leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. No question of law arising from application that has not already been determined or which is otherwise capable of bona fide and serious argument.  Outcome: leave to appeal declined.

Order to dismiss the appeal under s 161(3)(b) of the Accident Compensation Act 2001. Counsel for ACC made application for appeal be dismissed for want of prosecution. Grounds in support of application under s 161(3)(b) of the Act are made out. Outcome: appeal dismissed for want of prosecution.

Cover for treatment injury s 32, s 33 and s 149(1)(a) of the Accident Compensation Act 2001. Applicant seeking review of decision to decline cover for treatment injury. Whether the tremor the Applicant suffered from is an injury. Outcome: appeal allowed.

Personal injury/causation s 26 Accident Compensation Act 2001. Appeal against decision to suspend entitlements because appellant's remaining symptoms not due to covered injury. Outcome: appeal allowed, suspension of entitlements reversed.

Leave to appeal to the High Court under s 162 Accident Compensation Act 2001. Whether Court erred not applying more extensive definition of “personal injury” under s 2 Accident Compensation Act 1982. Bona fide question of law that is seriously arguable not established. Outcome: leave to appeal declined.

Recall of judgment. Apply for rehearing. Appellant's contention is that he needs to be assessed and should have a litigation guardian as he lacks capacity. Outcome: No power to grant a rehearing. Appellant's application to have the judgment in this matter recalled and a rehearing granted is declined.

Application for reinstatement of appeals ACR 243/17, ACR 244/17 and ACR 302/17. Outcome: appeals dismissed

Work-related gradual process injury s 30 Accident Compensation Act 2001. Appeal against decision dismissing an application for review of decision declining claim for work-related gradual process injury. Outcome: appeal allowed.

Treatment Injury s 32 Accident Compensation Act 2001. Whether the appellant suffered a treatment injury, and whether that injury was an ordinary consequence of treatment. Outcome: appeal dismissed.