New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Apportionment of entitlements

Legal area

Court

7 Sept 2016

Nicholl v Accident Compensation Corporation

Citation

[2016] NZACC 252
Court

District Court

The existing and newly adduced expert agency evidence do not change the appellant's entitlement band under the Regulations and the appellant produced no expert evidence capable of displacing those assessments; the 29 March 2012 letter is not a 'decision' under s6 and therefore is not reviewable, accordingly both appeals are dismissed.
23 Jun 2015

Fitzgerald v Accident Compensation Corporation

Citation

[2015] NZACC 160
Court

District Court

The 2010 Regulations together with s61 apply to the appellant's 2011 replacement hearing aids claim; the independent expert evidence (Stegehuis and Manoharan) provided a lawful basis for apportionment of hearing loss to occupational and non-occupational causes; there is no residual right from earlier pre-regulatory acceptances to require full funding; the review decision to apply the Regulations and grant a contribution was not wrong and the appeal is dismissed.