New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Claims process

Legal area

Court

30 May 2014

Van Helmond v Accident Compensation Corporation

Citation

[2014] NZACC 143
Court

District Court

Judge Powell affirmed Judge Joyce QC: a court direction to ACC to reconsider does not constitute a new claim under s48 nor restart s58 deemed decision time limits; because ACC had previously made a decision within the statutory time limits s58 was not engaged and the correct remedy for any failure to comply with judicial directions was to return to the Court, not to treat a deemed decision as arising.
7 Oct 2004

Cummings v Accident Compensation Corporation

Citation

[2004] NZACC 317
Court

District Court

The appeal is dismissed because the 1998 Act and its transitional provisions govern the appellant's claim; Section 423 requires treating the unlodged claim as if the injury occurred on or after 1 July 1999, Schedule 1 entitlements are forward-looking and claims-based, there is no provision permitting attendant care to be back-dated prior to the date of the claim, and Campbell and Handley is inapplicable outside its specific transitional context.