New Zealand Case Law: Decisions & Judgments

Topic

Interpretation of s103(2)

Legal area

Court

18 Nov 2016

J v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 2769

Citation

[2016] NZHC 2769
Court

High Court

Leave to appeal was granted because the proposed appeal raised questions of law capable of bona fide and serious argument, the issues were of public importance and not previously settled at High Court/Court of Appeal level, and the interests of justice favored allowing a case stated to the Court of Appeal on four specified legal questions concerning the scope and interpretation of the Accident Compensation Act 2001 relating to pregnancy and weekly compensation.
14 Oct 2015

J v Accident Compensation Corporation

Citation

[2015] NZACC 311
Court

District Court

Leave to appeal was granted because the central legal question—whether s103(2) of the Accident Compensation Act 2001 can be satisfied by non-physical consequences of pregnancy (specifically childcare obligations arising from pregnancy caused by failed sterilisation) so as to render the claimant unable to return to pre-injury employment—is a question capable of bona fide and serious argument and of public importance; the District Court had held that the respondent remained incapacitated because of her covered injury and that conclusion raises legal issues appropriate for High Court determinati…
9 Aug 2013

Trent v Accident Compensation Corporation

Citation

[2013] NZACC 244
Court

District Court

As at the date of the Corporation's decision (23 April 2010) the claimant was able to engage in the generic employment of self-employed accountant for a full-time week (40 hours); the statutory test in s103(2) is to be applied to the generic employment and guided by the concept of meaningful full-time engagement (anchored to vocational independence hours), therefore the Corporation's determination that she had capacity was legally correct and the appeal is dismissed.

New Zealand Case Law

J v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 2769

J v Accident Compensation Corporation

Trent v Accident Compensation Corporation