New Zealand Case Law: Decisions & Judgments | LexChat

Topic

National superannuation qualification age

Legal area

Court

31 Jul 1998

Greer v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 175
Court

District Court

The court upheld the review officer’s statutory construction: the 1992 Act governs transitioned entitlements and s.52 operates to terminate weekly compensation upon attainment of the national superannuation qualification age applicable to the claimant; the respondent’s interpretation and decision to cease payments on the statutory superannuation qualification date were correct and the appellant’s appeal fails.
29 Apr 1997

Wolk v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 79
Court

District Court

The respondent's erroneous letter did not create a legal entitlement; entitlement is governed by s52 of the Act, the appellant did not qualify for the extended protection claimed, and the Court has no discretion to override the statutory scheme or the Review Officer's lawful decision; therefore the appeal must be dismissed.