New Zealand Case Law: Decisions & Judgments

Topic

Consent to release information

Legal area

Court

23 May 2017

REAL ESTATE AGENTS AUTHORITY v LUKE DOMB [2017] NZCA 199

Citation

[2007] 3 NZLR 349
Court

Court of Appeal

The Registrar may require applicants to authorise disclosure of their criminal history limited to convictions, discharges without conviction and diversion, and may make targeted inquiries of police seeking information reasonably relevant to fitness to hold a licence; however the Registrar may not require routine police vetting that authorises disclosure of any and all information held by police, may not compel signing of the police vetting form as a matter of course, and may not lawfully hold refusal to sign that form against applicants.
10 Jun 2009

Lay v Accident Compensation Corporation

Citation

Lay v Accident Compensation Corporation
Court

District Court

Because the appellant is bound by the Reviewer’s finding that his refusal to sign the consent form was unreasonable (issue estoppel) and ACC v Peck establishes there is no entitlement to backdated weekly compensation during periods of non-compliance, the Corporation’s decision to deny backpayment for 29 August 2003–4 October 2004 was lawful and must be upheld; no exceptional circumstances existed to require payment under s117(3B).
10 May 2009

Lay v Accident Compensation Corporation

Citation

[2009] NZACC 103
Court

District Court

The appellant is precluded by the binding Reviewer decision that his refusal to sign the consent form was unreasonable (issue estoppel under s147); ACC lawfully suspended additional weekly compensation under s117 for non-compliance and, following ACC v Peck, there is no entitlement to backdated payments for the period of non-compliance; Section 60 did not cover the additional post-2000 payments and no exceptional circumstances under amended s117(3)B existed to warrant payment, so ACC's refusal to pay the 29 Aug 2003–4 Oct 2004 period was correct.

New Zealand Case Law

REAL ESTATE AGENTS AUTHORITY v LUKE DOMB [2017] NZCA 199

Lay v Accident Compensation Corporation

Lay v Accident Compensation Corporation