New Zealand Case Law: Decisions & Judgments

Topic

Decision reviewability

Legal area

Court

1 May 2006

Osborne v Accident Compensation Corporation

Citation

[2006] NZACC 105
Court

District Court

The December 18, 2002 letter declining cover was a reviewable decision because the appellant advanced a materially different causation theory (that occupational exposure to paint solvents caused Barrett's Oesophagus which in turn caused adenocarcinoma), which required fresh consideration under the Act; consequently the matter must be remitted for review under section 30 of the Injury Prevention, Rehabilitation & Compensation Act 2001.
19 Dec 2000

Price v Accident Compensation Corporation

Citation

[2000] NZACC 342
Court

District Court

The 16 June 1999 letter from the respondent was a recitation of prior history and an explanation of position, not a new decision affecting the appellant's rights or entitlements; therefore it was not a decision capable of review and the Reviewer correctly declined the application for review.
20 Jul 1999

Loveridge v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 199
Court

District Court

The 26 August 1998 letter was not a decision capable of review; the respondent validly exercised its statutory discretion in declining to fund the advanced ASME course while providing 50% of the 4711 course and alternative work within the appellant's assessed capacity; the appellant failed to prove the respondent misused its discretion; the appeal is dismissed and the matter is rendered hypothetical by the appellant's departure to Australia after a work capacity test supported the respondent's decision.

New Zealand Case Law

Osborne v Accident Compensation Corporation

Price v Accident Compensation Corporation

Loveridge v Accident Rehabilitation and Compensation Insurance Corporation