New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Election deadline

Legal area

Court

6 Jun 1997

LJA v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 111
Court

District Court

On the evidence as a whole the Review Officer was entitled to conclude on the balance of probabilities that no written election was received by the Corporation before 31 March 1993, the mother's testimony was inherently vague and insufficiently reliable to discharge the onus, and the statutory deadlines in s147 are absolute; therefore the appeal fails.
22 Aug 1995

Petrie v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 95
Court

District Court

Because s.147 required a written election no later than 31 March 1993 and the appellant did not lodge such an election, the statutory deeming provision applies and the court has no discretion to accept a late election; therefore the appeal is dismissed.