New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reconsideration of administrative decisions

Legal area

Court

2 May 2017

Gupwell v Accident Compensation Corporation

Citation

[2017] NZACC 47
Court

District Court

Res judicata did not bar ACC from issuing the 28 July 2015 decisions because the 2012 reviewer’s suspension was not a final determination foreclosing further investigation, ACC had statutory authority under ss65 and 117 to revisit decisions when new evidence or a change in cover arose, and the 2015 decisions were founded on materially different medical evidence and a revision of cover that justified revocation and suspension on the balance of probabilities.
18 Sept 2000

Wanrooy v Accident Compensation Corporation

Citation

[2000] NZACC 246
Court

District Court

The correspondence in August–September 1999 merely confirmed the original earnings assessment and did not revoke, revise or substitute the original decision; therefore it was not a new 'decision' within the meaning of the Act and was not capable of review, so the Review Officer correctly declined jurisdiction and the appeal is dismissed.