New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Schedule 3 offences

Legal area

Court

20 Jul 2017

F v Accident Compensation Corporation (Mental Injury)

Citation

[2017] NZACC 84
Court

District Court

The appeal is dismissed because on the balance of probabilities the evidence is insufficient to establish that a Schedule 3 offence occurred and the appellant's depressive disorder pre-existed the alleged events, so the causal link required by s21 is not established.
31 Oct 2016

T v Accident Compensation Corporation

Citation

[2016] NZACC 292
Court

District Court

The appellant failed to prove a qualifying mental injury causally linked to Schedule 3 sexual offences after 1 April 2002: the diagnosed Premenstrual Dysphoric Disorder was not linked to sexual abuse, the Personality Disorder NOS formed a continuum with pre-2002 conditions and therefore predated the qualifying period, and no expert definitively diagnosed PTSD causally tied to the Schedule 3 events; accordingly no cover under s21 was established.