Ministry of Justice

Costs on Review – s 148 Accident Compensation Act 2001; Dismissal for want of Prosecution. Appellant’s failure to file any submissions or attend hearing amounted to want of prosecution by Appellant of his appeal. No reason for appeal to remain alive unless Appellant intended to pursue it. Outcome: appeal dismissed.

Rehabilitation – ss 81 and 84 Accident Compensation Act 2001. Whether the Corporation correctly declined to fund a request to assist with transport for independence. Corporation’s decision was not proper and fair by failing to take account of relevant considerations. Medical evidence allowed robust inference that request was required as direct consequence of covered personal injury. Outcome: appeal allowed.

Leave to appeal to High Court – s 162 Accident Compensation Act 2001. No point of law capable of bona fide and serious argument in the High Court. No wider importance of any contended point of law. Outcome: application declined.

Application for recall of judgment. Appellant failed to establish that for some special reason justice required recall of Court’s judgment dismissing Appellant's appeal. Outcome: application for recall dismissed.

Claim for cover for mental injury - s 27 Accident Compensation Act 2001. Whether the Corporation correctly declined the Appellant's cover. Weight of medical evidence did not establish that the Appellant's physical injury materially contributed to his mental inury. Corporation correctly declined the Appellant's cover. Outcome: appeal dismissed.

Claim for cover for mental injury - s 21 Accident Compensation Act 2001. Whether the Corporation correctly declined Appellant's cover in relation to offending committed by her ex-partner on her daughter. Corporation correctly declined Appellant's cover as a secondary victim. Not appropriate to apply tikanga principles against express statutory words in the section of the Act. Outcome: appeal dismissed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to illness. 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 an understandable error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.

Claim for cover for mental injury – s 26 Accident Compensation Act 2001. Whether Appellant suffered mental injury as result of a physical injury during treatment. Insufficient evidence of causal link between mental injury and a physical injury. Corporation applied correct approach to causation. Outcome: appeal dismissed.

Appeal from a review decision regarding the Corporation’s decision that the appellant was not entitled to a lump sum payment based on his whole person impairment rating of seven percent. Held: the Corporation correctly declined lump sum compensation for the appellant on the basis of expert medical assessment. Appellant has not established that the impairment assessment conducted on him was flawed or incorrect. Outcome: appeal dismissed.

Appeal from a review decision regarding the Corporation’s decision suspending appellant’s entitlements and determination of non-entitlement to deemed cover. Whether appellant was entitled to deemed cover for trochanteric bursitis/gluteal tendinopathy. Held: the Corporation lacked sufficient basis to suspend entitlements, as ongoing medical evidence supported continued incapacity linked to the original injury. Outcome: allowed in part.

Claim for independence allowance – Schedule 1, Accident Insurance Act 1998. Whether Corporation correctly declined Appellant’s application for permanent injury compensation. Corporation correctly declined application on basis that Appellant’s doctor stated his impairment had not changed since his last assessment. Decision of reviewer upheld. Outcome: appeal dismissed.

Appeal from a review decision regarding the Corporation’s decision declining appellant’s cover for somatic symptom disorder as a mental injury caused by physical injuries. Whether appellant’s somatic symptom disorder was caused by the physical injuries he sustained during an assault and thus qualifies for cover under the Act. Held: appellant did not legally establish mental injury was caused by physical injuries. The mental injury stemmed from pre-existing vulnerabilities. Outcome: appeal dismissed.

Appeal from a review decision regarding the Corporation’s revoking deemed cover for lateral epicondylitis, suspending entitlements and declining surgery funding for lateral epicondylitis. Whether Corporation’s decisions were correct. Court held the Corporation had sufficient medical evidence to revoke deemed cover, decline surgery, and suspend entitlements. Outcome: appeal dismissed.