Blowers v Accident Rehabilitation and Compensation Insurance Corporation
The District Court concluded the issue involved a question of law about the statutory definition of 'earnings'—the prior Judge had held that income earned in the United Kingdom while the appellant was a non-resident of New Zealand could not be included in calculating weekly compensation—and therefore leave to appeal...
Source-derived case information.
- Citation
- [1995] NZACC 117
- Parties
- Appellant: John Martin Blowers; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 6 October 1995
- Procedural Posture
- Application for Leave to Appeal to the High Court Under the Accident Rehabilitation and Compensation Insurance Act 1992 / Leave to Appeal Application (district Court)
- Outcome
- Leave to appeal to the High Court granted; costs reserved.
- Legal Topics
- Calculation of Weekly Compensation, Definition of Earnings, Residence and Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Martin Blowers
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Application for Leave to Appeal to the High Court Under the Accident Rehabilitation and Compensation Insurance Act 1992 / Leave to Appeal Application (district Court)
Legal Issues
- 1 Whether earnings derived overseas while a non-resident of New Zealand can be included in the calculation of weekly compensation under the Accident Rehabilitation and Compensation Insurance Act 1992
- 2 Whether the District Court judge erred in law in interpreting the statutory definition of 'earnings'
Ratio Decidendi
The District Court concluded the issue involved a question of law about the statutory definition of 'earnings'—the prior Judge had held that income earned in the United Kingdom while the appellant was a non-resident of New Zealand could not be included in calculating weekly compensation—and therefore leave to appeal to the High Court was appropriate and granted.
Court Disposition
Leave to appeal to the High Court granted; costs reserved.
Orders
- Leave to appeal to the High Court granted.
- Costs reserved.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 1 17 /95 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN JOHN MARTIN BLOWERS of Auckland 45 / 94/ 0854 Appellant (Appeal No. DCA 96/94) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Ac Respondent APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT The appellant has applied for leave to appeal to the High Court against the decision of this Court issued on 3 July 1995 under No. 70/95. The issue on the appeal was the question of whether earnings derived overseas by the appellant whilst a non-resident of New Zealand could be taken into account in the calculation of weekly compensation under the Accident Rehabilitation and Compensation Insurance Act 1992. The Judge considered the relevant legislation and the definitions relating to 'earnings' and held that the appellant's United Kingdom income could not be included in the calculation of his weekly compensation in terms of the Accident Rehabilitation and Compensation Insurance Act 1992. The appellant has submitted that the Judge erred in law in failing to take into account the proper interpretations of the meaning of earnings, while the respondent submits that the Judge correctly interpreted the provisions of the Act and that her decision accorded with the intention of the Act. 2 I consider that the issue before the Judge involved questions of law which should be considered by the High Court. Leave to appeal to the High Court is therefore granted and the question of costs is reserved. DATED at WELLINGTON this 6 + day of October 1995 sweddula A W Middleton District Court Judge de96-94.doc(rd)