New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Remarriage

Legal area

Court

2 Mar 1999

Evans v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 40
Court

District Court

The court held that in s145(3) of the 1992 Act "remarriage" bears its ordinary meaning as a legal marriage solemnised under the Marriage Act 1955 and does not include the entering into a de facto relationship; therefore a de facto relationship does not trigger cancellation of weekly compensation under s145(3). The Review Officer's and Corporation's decisions cancelling entitlement were revoked.
15 Sept 1998

James v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 204
Court

District Court

A relationship in the nature of marriage (a de facto relationship) constitutes 'remarriage' within the meaning of s145(3) of the Accident Rehabilitation and Compensation Insurance Act 1992; accordingly weekly compensation properly ceased two years after the commencement of the de facto relationship and the respondent's decision is correct.
13 Jun 1997

Lawrence v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 121
Court

District Court

Reading s.145(3) in the context of the Act and its s.3 definition of 'spouse' the court concluded that 'remarriage' includes entering into a relationship in the nature of marriage; therefore cessation of weekly compensation two years after such a relationship commenced was lawful and the appeal was dismissed.