8 Jun 2015
McCloud v Accident Compensation Corporation
- Citation
- [2015] NZACC 137
- Court
- District Court
A high wooden boundary fence that enables the claimant to safely use and enjoy his backyard is a modification to the home and, on the evidence, meets the s81(4) requirements (assessment, rehabilitation outcome, necessity and appropriateness, type normally provided as a building modification). The absence of the fence from the individual rehabilitation plan did not preclude updating the plan once a proper assessment established need. ACC's refusal failed to take into account relevant considerations and relied on irrelevant ones, rendering the decision legally wrong; therefore the ACC and revie…