25 Feb 2008
Section 126(2) creates a mandatory jurisdictional precondition such that ACC is not liable to pay entitlements not applied for within three years of the claimant's death; s.83 cannot be used to confer retrospective effect or to override s.126(2); accordingly ACC lacked power to accept the late claim and its decision declining payment was correct.
7 Jul 1998
Section 89(5) prescribes a mandatory three month written notice period for review applications which the Corporation correctly applied; there is no discretion under s89(5) to accept an out-of-time review and the Court's s91 discretion to extend time applies only at appeal stage, not at review stage.
28 Apr 1997
Section 147 sets date‑based limits that do not unlawfully discriminate by age and the court will not read in age‑based extensions or otherwise rewrite the statute; because the appellant failed to make the required written election by 31 March 1993 she is not entitled to lump sum compensation under s.147, and the appeal is dismissed.
6 Mar 1996
The original claim form could not reasonably be read to constitute two separate claims; the respondent did not have actionable knowledge of the 1974 abuse at the time of the original filing; and the Act contains no discretion to accept late lump sum claims under the repealed provisions, therefore the appeal must be dismissed.