New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Assessment of need (s81,s84)
  • 30 Apr 2014

    Lewer v Accident Compensation Corporation

    Citation
    [2014] NZACC 110
    Court
    District Court

    The appellant's 1997 written termination of home help and child care meant no existing entitlements were preserved by the 2001 Act; there is insufficient contemporaneous evidence of an injury‑related need between 1997 and 2010 to justify backdating; s83 limits backdating and does not permit retrospective entitlement prior to the legislation's operative constraints; however the respondent failed properly to assess child care from the appellant's 4 September 2010 application, so the review decision is modified to require that assessment.