New Zealand Case Law: Decisions & Judgments

Topic

Deemed review

Legal area

Court

11 Aug 2022

N v ACCIDENT COMPENSATION CORPORATION [2022] NZHC 1977

Citation

[2022] NZHC 1977
Court

High Court

Where a review applicant's substantive issue was heard within three months as part of related review proceedings, the failure to expressly allocate a separate hearing date for a particular application does not trigger a deemed decision under s 146; lack of formal appointment was a form defect without substantive prejudice, and two weeks' notice of suspension of compensation was reasonable in the circumstances, so leave to appeal was refused.
17 Jul 2019

Tau v Accident Compensation Corporation (Cover and Entitlements)

Citation

[2019] NZACC 85
Court

District Court

On the evidence the 1991 right hip injury was misdiagnosed — radiology and multiple expert opinions establish an accessory ossicle not an acute fracture — therefore revocation under s65 was valid; for the 2001 accident, expert evidence (examining ophthalmologist and document review) established on the balance of probabilities that trauma contributed materially to right eye corneal scarring and visual loss despite pre-existing keratoconus, so cover for visual loss is warranted; the 2015 lumbar sprain is spent and suspension of entitlements for that injury is lawful under s117 but the medical r…
27 Jan 2017

Manapori v Accident Compensation Corporation

Citation

[2017] NZACC 7
Court

District Court

The Court held ACC should have obtained and assessed the surgeon's operation notes shortly after the 26 November 2004 operation; the appellant was not responsible for ACC's lack of the notes and therefore should not be penalised. ACC had all necessary information by 23 December 2004 and s114 interest is payable from one month thereafter; accordingly the 22 July 2015 decision is modified to substitute 23 December 2004 for 16 September 2010 and the interest figure is to be amended consequentially.
19 Jun 2015

Gordon v Accident Compensation Corporation

Citation

[2015] NZACC 155
Court

District Court

Leave to appeal was granted because relevant documents (the deemed review decision and mediated agreement), accepted by both parties as clearly relevant to causation, were not placed before the District Court and their omission meant the District Court judgment may now be in error as a matter of law, satisfying the threshold for leave under section 162.

New Zealand Case Law

N v ACCIDENT COMPENSATION CORPORATION [2022] NZHC 1977

Tau v Accident Compensation Corporation (Cover and Entitlements)

Manapori v Accident Compensation Corporation

Gordon v Accident Compensation Corporation