New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 7(1)(b) interpretation

Legal area

Court

28 Jan 1999

Field v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 17
Court

District Court

Forced wartime labour imposed on the appellant does not operate as a disqualifying non-employment activity for the purpose of s7(1)(b); applying a liberal approach to forced labour and accepting Dr Gathercole's apportionment, the appellant is entitled to cover for the portion (27%) of his noise induced hearing loss assessed as attributable to occupational factors.
9 May 1995

Tuerlings v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 44
Court

District Court

On the evidence, including medical reports, the repetitive hand/wrist use that caused or contributed to the appellant's RSI was also present to a material extent in her non-employment (student) activities; therefore s7(1)(b) is not satisfied and the claim does not qualify for cover under s7(1). The appeal is dismissed.