Ministry of Justice

Claims process – s 135 Accident Compensation Act 2001. Whether Reviewer correctly dismissed Appellant’s review, on the basis of a lack of jurisdiction in view of the defective nature of the review application. Appellant did not identify decision or decisions in respect of which her purported application for review was made. Reviewer correctly dismissed review. Outcome: appeal dismissed.

Claims process, interpretation of decision – ss 6, 134 Accident Compensation Act 2001. Whether Reviewer correctly dismissed Appellant’s two review applications. Corporation’s decision to combine two claims under single claim number was administrative in nature and reasonable. Allegation of unreasonable delay not upheld because Corporation made a decision on cover within the required deadlines, and question of delay is not subject to review and was now moot. Decision of Reviewer upheld. Outcome: appeal dismissed.

Claims process - s 146 Accident Compensation Act 2001. Appeal against decision to decline funding for 26 items requested by the Appellant.  Reviewer correctly declined jurisdiction to determine application for review, in light of later deemed review decision. Outcome: appeal dismissed.

Impairment assessment – Schedule 1(4) of Accident Insurance Act 1998, and Schedule 1(3) of Accident Compensation Act 2001. Whether Corporation’s decisions regarding Appellant’s whole person impairment (WPI) for independence allowance and lump sum purposes were correct. Whether Appellant had demonstrated a material flaw in the WPI assessment such that the assessment could not be relied upon. On available evidence, Corporation’s decisions were correct. Appellant had not demonstrated a material flaw in the WPI assessments. Outcome: appeal dismissed.

Claim for treatment injury - ss 32-33 Accident Compensation Act 2001. Whether the Corporation correctly declined the appellant’s claim for cover for a treatment injury arising out of a delay in treatment for sensorineural hearing loss. Appellant failed to establish, on the balance of probabilities, that an alternative treatment that would have prevented the injury she suffered could and should have been given, having regard to the clinical indications at the time of the alleged failure/delay in treatment. The Corporation correctly declined cover for the appellant’s sensorineural hearing loss as a treatment injury. Review decision upheld. Appeal dismissed.

Claims process; deemed cover – ss 48, 58, 145, 149 Accident Compensation Act 2001. Whether there was a Review Decision/right of appeal/whether claim for cover/whether deemed cover decision. Appeal against Review Decision determining that Corporation’s decision declining appellant’s claim was reviewable and substantive merits of review would be heard and determined on future date; and determining Appellant did not have deemed cover. No right of appeal from Reviewer’s decision. No error established in the Review Decision. Outcome: appeal dismissed.

Claims process: applications for recall of judgment and reinstatement of appeal. Whether Court’s Minute dismissing the Appellant’s appeal due to Appellant’s failures to prosecute the appeal should be recalled and the appeal reinstated. Justice did not require recall of the Minute. Grounds provided by Appellant to support reinstatement of her appeal were far outweighed by the lost opportunities to hear the Appellant’s appeal, the overall procedural history of the appeal, the requirements of the ACC Practice Guidelines, the lack if any identified merits in the appeal, and the interests of the Corporation and the public. Outcome: applications for recall of the Minute and for reinstatement of the appeal dismissed. 

Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Grounds for leave to appeal raised by Applicant did not raise questions of law capable of bona fide and serious argument which would justify a further appeal to the High Court. Outcome: application dismissed.

Suspension of entitlements - s 117 of the Accident Compensation Act 2001. Wether the Corporation's decision to suspend appellant's entitlement was correct, based on the determination that his condition was no longer the result of his covered injuries. Held: Corporation had sufficient basis to suspend appellant's entitlements, as medical evidence supported that his incapacity was due to degenerative changes. Covered injuries from the 2021 accident had resolved and appellant's ongoing symptoms were not related to those injuries. Outcome: Appeal dismissed.

Preliminary Decision as to Jurisdiction - Accident Compensation Act 2001. Appellant had several discrete claims, past and current reviews, and appeals. Whether the Court has jurisdiction has jurisdiction to hear appeal. Found Court had jurisdiction to hear appeal. No reason for the Appellant to be limited in the appeal to arguments raised in the review or in her notice of appeal. Outcome: appeal allowed.

Claims for costs on appeal. Outcome: Respondent ordered to pay Appellant $5,513.35, $2,234.70 in costs and disbursements of $3,278.65. 

Claim for personal injury - ss 20, 25, and 26(1)(b) Accident Compensation Act 2001. Appeal against decision declining cover for a lower lip injury caused by playing an unfamiliar trumpet mouthpiece. Found that the Appellant suffered a personal injury by accident. Appellant entitled to cover for his personal injury. Outcome: appeal allowed.

Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001. Appeal against decision dismissing the review of the Corporation's determination. Whether the Corporation correctly declined cover and funding for surgery to remove loose bodies in the appellant’s right knee; and whether it was justified in revoking and denying cover for a right meniscal tear. Held: The medical evidence did not support the appellant was entitled either to cover and funding for surgery or the right meniscal tear. Outcome: appeal dismissed.