New Zealand Case Law: Decisions & Judgments

Topic

Survivor's grant

Legal area

Court

9 Aug 2013

Ammar v Accident Compensation Corporation

Citation

[2013] NZACC 242
Court

District Court

The appeal is dismissed because the Corporation correctly applied the statutory formulae in Schedule 1 of the Accident Compensation Act 2001 to calculate the child's weekly compensation; there is no legislative power to increase payments based on the individual needs of the child, and only changes mandated by the Act (including indexation and employment-status rules such as deeming to minimum wage) can alter the payment.
25 Oct 2011

Estate of Rae v Accident Compensation Corporation

Citation

[2011] NZACC 324
Court

District Court

The term "other dependant" in s6(a) requires that financial dependency arise from a physical or mental condition; mere youth or normal childhood is not such a condition, and on the facts Caitlin was financially dependent on her mother not the deceased, therefore she is not an "other dependant" of the deceased.
29 May 2008

Hjaltason v Accident Compensation Corporation

Citation

[2008] NZACC 111
Court

District Court

Clauses 76 and 77 of Schedule 1 IPRCA 2001 cannot be given retrospective effect to create child care payments before 1 April 2002; transitional provisions (not the standalone Schedule 1 clauses) govern entitlements for injuries before 1 April 2002. However, under the 1992 Act s81(2) the disentitlement for suicide did not apply where death resulted from mental injury (mental injury need not derive from sexual assault), and because the death here resulted from mental injury the claimant was entitled to a survivor's grant which must be paid; respondent's decision modified accordingly.
18 Dec 1997

Prasad v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 267
Court

District Court

On the balance of probabilities the appellant proved the deceased was contributing financially to her welfare by regular cash payments toward half the mortgage and contributions to child care and household costs; such contributions satisfy s3 and entitle her to the survivor's grant under s56 and weekly compensation under s58, so the Review Officer's declinature is revoked.
25 Mar 1997

Cook v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 37
Court

District Court

Leave to appeal was refused because the material did not establish that the parties were living apart principally because of health; the separation was plainly due to relationship breakdown and violence, so the appellant failed to show a good arguable case for a rehearing on the new ground.
1 Nov 1996

Jones v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 134
Court

District Court

On the totality of evidence the appellant failed to prove the deceased was an earner: her own NZISS declarations and Inland Revenue records showing only unemployment benefit and absence of levies outweighed testimonial evidence and a manager's letter; no distributor agreement or tax registration in her name was produced, therefore the review officer's decision declining weekly compensation was correct and was confirmed.
7 Jun 1996

Cook v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 40
Court

District Court

The parties were living apart at the time of the deceased's death and the review officer was entitled to find there was no proven financial contribution by the deceased to the appellant; therefore under the statutory definition of 'spouse' the appellant was excluded and not entitled to the survivor's grant.

New Zealand Case Law

Ammar v Accident Compensation Corporation

Estate of Rae v Accident Compensation Corporation

Hjaltason v Accident Compensation Corporation

Prasad v Accident Rehabilitation and Compensation Insurance Corporation

Cook v Accident Rehabilitation and Compensation Insurance Corporation

Jones v Accident Rehabilitation and Compensation Insurance Corporation

Cook v Accident Rehabilitation and Compensation Insurance Corporation