23 Sept 1997
Waipa District Council v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1997] NZACC 199
- Court
- District Court
The Court held that s104(1)'s 'may' is permissive and any discretion is limited (at most) to whether to adjust overall premiums, not to exempt particular claims; reg5's discretion applies only to which qualifying payments to include within factor g and does not oblige the Corporation to treat a non‑qualifying gratuitous employer payment as an offset; the Corporation's decisions were within statutory authority and the appeal must be dismissed; while s89(4A) likely does not bar all challenges to Corporation conduct affecting premiums, that issue was not decided on the present facts and evidence.