New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reviewability of discretionary decisions

Legal area

Court

9 Nov 2012

Hodge v Accident Compensation Corporation

Citation

[2012] NZACC 372
Court

District Court

The District Court held the Reviewer erred in characterizing ACC's decision as discretionary under s68(3); the decision was mandatory under Clause 22(2)(e) requiring contribution for a replacement vehicle, therefore the Reviewer had jurisdiction and the matter must be remitted to a different Reviewer for substantive consideration.
22 Nov 2011

Laming v Accident Compensation Corporation

Citation

[2011] NZACC 338
Court

District Court

The court held as a matter of law that any discretion to extend attendant care beyond the 28‑day limit in section 129(2) can be exercised only under section 68(3) (as amended in 2005), and that exercises of that specific discretion are excluded from review by section 134(1A); therefore the Reviewer's decision that she had no jurisdiction was correct and the appeal is dismissed.