31 Oct 2012
The Court applied Miller and held that the WINZ information was not necessary to calculate and make the payment at the time weekly compensation was stopped in 2000, therefore s114 interest is payable from that date; the review decision was quashed and the refusal to pay interest set aside.
9 Nov 2005
Section 114 requires interest to run from one month after the Corporation has actually received all information necessary to calculate payment; factual findings showed ACC did not receive necessary post-accident earnings information until the dates it identified in 2001–2002, so the ACC interest decision dated 23 October 2002 was correct and the District Court order to recalculate was unsustainable as a matter of law; the statute does not permit retrospective deeming of receipt when it is later shown there was no post-accident income.
1 Apr 2003
Where the Corporation is in possession of all necessary information to establish incapacity due to personal injury interest under s101 can begin to accrue from that time (subject to statutory or policy timeframes); here the necessary medical evidence was provided on 22 August 2001 and interest on the arrears therefore ran from 23 September 2001 until payment on 23 November 2001.