Ministry of Justice

Claim for personal injury, ss 20, 25, 26, Accident Compensation Act 2001. Whether Corporation correctly revoked and declined cover for Appellant’s right greater trochanteric bursitis as not having been caused by accident. Sufficient evidence that condition was caused by accident. Corporation’s decision to revoke and decline cover was incorrect. Outcome: appeal allowed.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Delay of 20 months was considerable, but arose due to error or inadvertence for which Appellant was not responsible, and Corporation did not oppose leave being granted. Outcome: application granted.

Claim for weekly compensation – Schedule 1, clauses 49 and 51, Accident Compensation Act 2001. Whether leave payments received during period of incapacity and while claimant remained employed by employer are payments the Corporation is obligated to abate under clause 51 of Schedule 1 of the Act in calculating the claimant’s entitlement to weekly compensation. Corporation’s interpretation of abatement provisions of the Act was not conducive to fair and predictable outcome for claimants whose claim for weekly compensation involves leave payments made before the termination of employment. Court found that, for abatement purposes, the exclusion of leave payments made other than on termination of employment better accords with the social contract/fairness purpose of the current Act. Outcome: appeal allowed.

Weekly Compensation - s100, Clause 3 Schedule 1 Accident Compensation Act 2001. Appellant challenges decisions relating to backdated weekly compensation and rate of weekly compensation for injuries from motor accident and injuries to his thumb. Whether calculations were made correctly. Held: Weekly compensation cannot be backdated as sought. Compensation was calculated correctly. Outcome: appeal dismissed

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Late filing of seven days arose due to error or inadvertence not caused by appellant herself. Appellant established that interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Late filing of 4 days arose out of understandable error or inadvertence. Appellant established that interests of justice required exercise of the Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

Abstract: Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Applicant did not establish error of law capable of bona fide and serious argument. Outcome: application dismissed.

Claim for deemed cover – s 58; suspension of weekly compensation – s 117, Accident Compensation Act 2001. Whether appellant entitled to deemed cover. Whether Corporation correct to suspend appellant’s continued entitlement to weekly compensation. Corporation complied with s 56 of Act, therefore no deemed cover arose. Corporation correctly decided it was “not satisfied” of appellant’s continued eligibility for weekly compensation, in light of clear medical evidence. Outcome: appeal dismissed.

Claim for personal injury - Revocation of cover - s 20, 25, 65(1) Accident Compensation Act 2001. Appeal lodged for decisions relating to declining cover for traumatic brain injury and fractures. Revocation of cover for fractures was correctly revoked. Applicant has not established that he suffered a traumatic brain injury. Previous decisions upheld. Outcome: claim dismissed.  

Weekly Compensation, earner, earnings as employee – ss 6, 9, 100, Schedule 1, clauses 32, 33, 34, 35, 36, 42, 43 Accident Compensation Act 2001. Whether Appellant is entitled to weekly compensation. Appellant was an earner at the time of his injury and incapacity and is eligible for weekly compensation for so long as his incapacity continues. Outcome: appeal allowed.  

Claim for work-related gradual-process injury. s 30 Accident Compensation Act 2001. Review decision set aside. Corporation to obtain further medical evidence and make fresh decision. Appellant entitled to costs. Outcome: claim allowed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to issues obtaining legal representation. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Interests of justice established for appeal. Outcome: appeal granted.

Reserved judgment as to costs on recall application. s 149 Accident Compensation Act. Appellant and appellant's advocate were on notice that ACC may seek costs due to abuse of process. Advocate's application meritless. Costs awarded against advocate.