New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Revision of decisions s65

Legal area

Court

2 May 2019

Crosswell v Accident Compensation Corporation (Revocation of Cover)

Citation

[2019] NZACC 37
Court

District Court

The appellant failed to prove on the balance of probabilities that she sustained an acute sprain (an accident) on 3 May 2016; the reliable medical evidence established a distal tibial stress fracture caused by repetitive loading (a gradual process), therefore the Corporation properly revoked cover under s65 and the reviewer's decision was not unreasonable or legally erroneous.
29 Jul 2016

Pora v Accident Compensation Corporation

Citation

[2016] NZACC 205
Court

District Court

The 3 December 2013 email and attached memorandum did not constitute a decision under s6 nor a revision under s65 because ACC did not accept the earlier decision was made in error and the communication only confirmed prior determinations on the same subject (rate of compensation); therefore no reviewable decision existed and the application for leave to appeal was dismissed.
10 Jul 2015

Marsh v Accident Compensation Corporation

Citation

[2015] NZACC 198
Court

District Court

The letters of 16 January 2004 and 4 March 2004 were not decisions capable of creating fresh review rights; they merely referred to and confirmed prior decisions and did not accept error or substitute any decision under s65, therefore the appeals were dismissed.