Ministry of Justice

Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his application for leave to appeal. Application is out of time. Court has no jurisdiction in this matter. Outcome: appeal dismissed.

Appeal against decision to decline cover for workplace injury - s 20 Accident Compensation Act 2001. Evidence is that particular shoulder condition was not injury related, but rather age related. Outcome: appeal dismissed.

Claims process - s161(1) Accident Compensation Act 2001. Appeal relating to weekly compensation entitlements. Appellant had accident and was granted cover for open wound of wrist with tendon involvement and other injuries. Appellant considers Reviewer's decision to confirm Corporation's decision about entitlement was based on incorrect evidence. Court finds Appellant has not established Corporation incorrectly calculated weekly compensation. Outcome: appeal dismissed.

Jurisdiction - s 134 Accident Compensation Act 2001. Appellant suffered physical injury and post-traumatic stress disorder from sexual assault. Appellant suffered concussion injury and traumatic amputation of finger in accident. Corporation declined cover for physical injury. Court found no power to reinvestigate what happened. Jurisdiction confined to hearing appeal against review decision as set out in s 149(1)(a). Appellant may be able to lodge claim for counselling. Outcome: appeal dismissed.

Employer Levy Classification - ss168, 170 Accident Compensation Act 2001. Whether appellant classifies for ACC levy purposes under classification unit CU96100 (Religious Organisations and Activities). Decision of reviewer had found the appropriate classification unit was different. Analysis of what appellant trust does shows decision of reviewer was correct. For purposes of s170 the most accurate classification unit is 96290. Outcome: appeal dismissed.

Claims for costs on appeal Part 14 District Court Rules 2014. Outcome: Appellant awarded $859.50 in costs on appeal. Appeal allowed.

Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.

Section 6 “Earner”; Weekly Compensation, Clause 32 – First Schedule Accident Compensation Act 2001. Whether the appellant meets the criteria of the Act for having “earnings” at the time of her covered injury. The decision that the appellant did not qualify for weekly compensation is correct. The appellant had no taxable earnings falling within New Zealand’s income tax laws. Outcome: appeal dismissed.

Mental injury, s21, Schedule 3 – Accident Compensation Act 2001. Appeal against decision declining appellant cover for mental injury under grounds that circumstances from the act did not fall within the description of an offence. Act fell between the description of an offence. Outcome: appeal allowed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. 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. Delay arose out of error or inadvertence rather than indecision. Outcome: appeal granted.

Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his application for leave to appeal. No error of law capable of bona fide and serious argument. Outcome: appeal dismissed.

Claim for personal injury - s 26 deemed decision – s 58 Accident Compensation Act 2001. Appeal of review decision declining cover for back sprain, lumbar sprain and postural scoliosis. Appellant failed to establish the Reviewer incorrectly dismissed review application. Outcome: appeal dismissed.  

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