New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Clause 38 schedule 1

Legal area

Court

5 Jul 2010

McSherry v Accident Compensation Corporation

Citation

[2010] NZACC 96
Court

District Court

Clause 31 does not authorize increasing a legitimately returned tax-year income to correct for income depressed by incapacity; the tax return stands unless it was unreasonably boosted, and therefore Clause 38 must be applied using the returned income divided by 52.
15 Nov 2006

Roberts v Accident Compensation Corporation

Citation

[2006] NZACC 284
Court

District Court

Clause 38(6) applies to claims made on or after 1 July 2005 and a claimant who lodged a fresh claim after that date may have entitlement recalculated under the amended formula; the amendment does not operate retrospectively to backdate entitlements before 1 July 2005 but does permit consideration of new claims under the new regime; therefore the respondent's 10 April 2006 decision declining recalculation was wrong and is quashed.