New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Eligibility deadlines

Legal area

Court

22 Nov 1996

Kefali v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 140
Court

District Court

The appeal is dismissed because s.147 imposes a strict written-election deadline for lump sum claims where cover was previously accepted under the 1982 Act; the appellant failed to lodge the required written election by 31 March 1993 and therefore is not eligible for a lump sum award, only for assessment for an Independence Allowance.
30 Sept 1994

Ramage v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1994] NZACC 57
Court

District Court

Because the appellant failed to make the required written application before 1 April 1993 and the 1992 Act's transitional provisions (notably s.147 and s.148) limit remedies for post-1 July 1992 deterioration to an independence allowance under s.148(3), he is not entitled to a further lump sum under the 1982 Act; the Review Officer's application of s.148(3) was correct.