Nicholl v Accident Compensation Corporation

IN THE DISTRICT COURT HELD AT ROTORUA Decision No. 164 /2009 IN THE MATTER of the Injury Prevention, Rehabilitation and Compensation Act 2001 AND IN THE MATTER of an appeal pursuant to Section 149 of the Act BETWEEN BRIAN WILLIAM NICHOLL Al 556/08 Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent HEARD at ROTORUA on 22 September 2009 APPEARANCES Mr B Nicholl in person. Ms D Lester, Counsel for Respondent. DECISION OF JUDGE M J BEATTIE [1] The appellant has lodged an appeal from the decision of a Reviewer dated 28 October 2008. The Reviewer had been required to consider an application for review lodged by the appellant in which the appellant was seeking to review an administrative action of the respondent in allegedly using an incorrect claim number in some items of correspondence to him . [2] The Reviewer noted that in essence the appellant wanted to have the correct claim number on correspondence sent to him as he was concerned that his claims may become mixed up and which may lead to a loss of entitlements. 2 [3] The Reviewer had no hesitation in finding that the application for review had no basis in law as it was not an application to review a decision of the Corporation, as is required by Section 134 of the Act. [4] The decision of the Reviewer was that no decision within the meaning of Section 6 had been identified, and he therefore declined jurisdiction. [5] For whatever reason, the appellant has sought to appeal that decision. It is the case as I find it, that the appeal should not have been accepted as it cannot be an appeal relating to a substantive issue which this Court has jurisdiction to hear and determine. [6] The Reviewer was correct to identify that there was no issue capable of being considered by way of review, and the same applies in relation to an appeal from that decision to this Court. Accordingly, this appeal is dismissed. DATED this/ { day of September 2009 M J Beattie District Court Judge