New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Transitional provisions between acts

Legal area

Court

23 Nov 2004

Costello v Accident Compensation Corporation

Citation

[2004] NZACC 369
Court

District Court

The court held that the respondent's suspension was erroneous because it addressed only medical causation of the appellant's current symptoms rather than his incapacity for employment under s85/s87; because the appellant cannot return to his pre-injury employment due to chemical sensitivity he remains incapacitated and is entitled to reinstatement of weekly compensation from the date it was ceased and for so long as he remains incapacitated.
11 Dec 2000

Smith v Accident Compensation Corporation

Citation

[2000] NZACC 330
Court

District Court

The appeal was dismissed because the Court lacked jurisdiction to determine claims that had not been the subject of a primary ACC decision; further, the 1992 Act and its transport regulations applied to the trips and claims made prior to 1 July 1999 by virtue of the 1998 Act transitional provision s427(2), and ACC was directed to reconsider the appellant's amended claim and issue a primary decision accordingly.