New Zealand Case Law: Decisions & Judgments

Topic

Revocation of administrative decision

Legal area

Court

31 Oct 2018

SC v Accident Compensation Corporation (Late Review Application)

Citation

[2018] NZACC 170
Court

District Court

Because the Corporation revoked its decision declining to accept the late review application and now accepts the late review application, there was no live controversy for the Court to determine; the appeal is therefore moot and is dismissed, and the appellant is entitled to a review hearing; the District Court has no jurisdiction to grant leave to appeal to the High Court under s162.
20 Aug 2008

Allianz New Zealand Limited v Accident Compensation Corporation

Citation

[2008] NZACC 190
Court

District Court

A deemed decision to grant cover under s66 cannot be set aside merely because the supporting evidence was weak or would have led to a different outcome on investigation; only clear, conclusive evidence establishing that a necessary condition precedent was absent (such that the grant would be ultra vires) justifies overturning a deemed decision. On the facts there was insufficient clear evidence that cover was barred, so the insurer's revocation was invalid and the appeal is dismissed.
6 Mar 2001

McIlraith v Accident Compensation Corporation

Citation

[2001] NZACC 40
Court

District Court

The respondent conceded entitlement; the court revoked the respondent's decision of 7 September 1999 and granted cover for the appellant's gradual process injury of strained ligaments in the right arm and shoulders, with cover retrospective to the date the claim was lodged.
19 Jan 2000

Good Health Wanganui v Accident Compensation Corporation

Citation

[2000] NZACC 4
Court

District Court

On consent the Court revoked the First Respondent's decision dated 26 February 1999 and referred the substantive question of whether the Second Respondent's injury is a work injury back to a Review Officer for hearing of evidence and determination; no order for costs was made because costs were agreed.

New Zealand Case Law

SC v Accident Compensation Corporation (Late Review Application)

Allianz New Zealand Limited v Accident Compensation Corporation

McIlraith v Accident Compensation Corporation

Good Health Wanganui v Accident Compensation Corporation