New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reasonableness of refusal to consent

Legal area

Court

11 Apr 2011

Farquhar v Accident Compensation Corporation

Citation

[2011] NZACC 105
Court

District Court

ACC's request for updated initial occupational and medical assessments was reasonable; the appellant unreasonably withheld consent after ACC provided a copy of its original request (making him aware of its content), such that suspension of weekly compensation was lawful from 4 February 2010 onward, but not from 2 October 2009 to 4 February 2010 when ACC had failed to provide the 27 August 2009 letter.
28 Nov 2006

Dewe v Accident Compensation Corporation

Citation

[2006] NZACC 290
Court

District Court

The Court held that AON, as agent for ACC, reasonably required the appellant's authority to obtain medical and other records under s115(1)(c); the appellant's refusal to provide that authority was unreasonable and therefore suspension of weekly compensation under s116(3) was lawful; the consent form did not seek authority beyond what IPP11 permits.