New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Backdating payments

Legal area

Court

29 Sept 2015

Borst v Accident Compensation Corporation

Citation

Borst v Accident Compensation Corporation
Court

District Court

The Court held ACC did not err in declining to backdate weekly compensation because the claimant's non-attendance was a deliberate, informed refusal rather than caused by incapacity; there was no evidence his covered mental conditions impaired his decision-making in 2001; the statutory test for exceptional circumstances under s117(3B) was not met and it was not inequitable to refuse backdating.
5 Mar 2004

Hutchen v Accident Compensation Corporation

Citation

[2004] NZACC 34
Court

District Court

The appeal is dismissed because the July 27, 2001 decision corrected a calculation but did not reopen eligibility for earlier periods; written application requirements under the attendant care and CPI regime mean entitlement and backdating can only arise from the date of a written request (first made 4 November 1998), and the December 1994 and April 1995 assessments, unchallenged at the time, are final and cannot be revisited to create a retrospective right to 24‑hour care.