New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 77(2) remission criteria
  • 3 Jul 1998

    Royal v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1998] NZACC 141
    Court
    District Court

    The appellant did not receive the payment in good faith and, in any event, did not demonstrate an alteration of position in reliance on the payment sufficient to make repayment inequitable; therefore s77(2) preconditions were not met and the Corporation's refusal to remit was correct.

    • Remission of overpayment
    • Good faith
    • Alteration of position
    • Section 77(2) remission criteria