Toto v Accident Rehabilitation and Compensation Insurance Corporation
Leave to appeal to the High Court was granted because the central issue required interpretation of the Act (ss 18,20,22,23,24) and therefore presented a question of law appropriate for High Court review.
Source-derived case information.
- Citation
- [1995] NZACC 76
- Parties
- Appellant: Wiremu Takaranga Toto; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 July 1995
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Application for Leave to Appeal to the High Court
- Outcome
- Application for leave to appeal to the High Court granted
- Legal Topics
- Vocational Rehabilitation Allowance, Interpretation of Statutory Time Limits, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wiremu Takaranga Toto
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Application for Leave to Appeal to the High Court
Legal Issues
- 1 Whether the appellant was entitled to vocational rehabilitation allowance for a period longer than 24 months
- 2 Whether the Review Officer's decision limiting payments to 24 months was correct
- 3 Whether the issue constituted a question of law appropriate for High Court review
Ratio Decidendi
Leave to appeal to the High Court was granted because the central issue required interpretation of the Act (ss 18,20,22,23,24) and therefore presented a question of law appropriate for High Court review.
Court Disposition
Application for leave to appeal to the High Court granted
Orders
- Application for leave to appeal to the High Court is granted
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 76 14- UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN WIREMU TAKARANGA TOTO of Pukekohe Appellant (Appeal No. DCA 252/94) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE A W MIDDLETON The respondent applied for leave to appeal to the High Court against the decision of the Court delivered on 16 May 1995 under No. 56/95. The issue before the Court was whether or not the appellant was entitled to a further vocational rehabilitation allowance pursuant to ss. 18, 20, 22, 23 and 24 of the Accident Rehabilitation and Compensation Insurance Act 1992. Judge Imrie reviewed the history of the appellant's claim and the applicable legislation. The issue was whether the appellant was entitled to receive vocational rehabilitation allowances for a period longer than 24 months. Judge Imrie concluded that the decision of the Review Officer limiting the grant to 24 months was incorrect and that the legislation permitted payments for a longer period. The issue is clearly a matter of interpretation of the various sections of the Act and as such constitutes a question of law. 2 The application for leave to appeal to the High Court is therefore granted. DATED at WEI.LINGTON this -- 4 day of Jui - 1995 Judge A W Middleton