New Zealand Case Law: Decisions & Judgments

Topic

Backdating of compensation

Legal area

Court

8 Feb 2018

Kane v Accident Compensation Corporation (Interest on Weekly Compensation)

Citation

[2018] NZACC 32
Court

District Court

The court applied s114 and Miller: interest accrues from one month after the date ACC first held all medical, financial and other information necessary. The Toxicology Panel advice received 2 May 2012 constituted the date ACC had all necessary information to grant cover and determine entitlement for the period from 30 June 1997, so interest on that portion runs from 2 June 2012. The distinct earlier period (November 1995–June 1997) required additional employer statements and ACC received all necessary information by Dr Walker's memorandum of 19 February 2013; the Corporation's decision as to…
30 Aug 2012

Brown v Accident Compensation Corporation

Citation

[2012] NZACC 293
Court

District Court

The 19 January 2011 letter, read in context of withholding payment, conveyed a decision to suspend weekly compensation and was therefore reviewable; the Reviewer erred in declining jurisdiction and his decision is quashed. In absence of a valid s117 decision suspending entitlement, the appellant remained entitled to payment and arrears until ACC issues an express lawful decision under s117.
3 Jun 2004

O'Leary v Accident Compensation Corporation

Citation

[2004] NZACC 153
Court

District Court

Because the respondent revoked the overpayment decisions prior to the review hearing, there was no extant primary decision for the reviewer to consider and the review was correctly dismissed for lack of jurisdiction; the appellant may seek primary decisions on other entitlement issues.

New Zealand Case Law

Kane v Accident Compensation Corporation (Interest on Weekly Compensation)

Brown v Accident Compensation Corporation

O'Leary v Accident Compensation Corporation