New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Definition of "decision" under the act

Legal area

Court

13 Sept 2012

Sinclair v Accident Compensation Corporation

Citation

[2012] NZACC 305
Court

District Court

There was no decision by ACC within the meaning of the Act that could be the subject of review or appeal: the Reviewer correctly found no decision of non-entitlement had been made, the section 117(3) suspension was distinct and not a decision of non-entitlement, and the criminal proceedings did not constitute a claim for recovery or cessation of weekly compensation; accordingly there was nothing to review and no arguable error of law to justify leave to appeal.
7 Nov 2007

Smith v Accident Compensation Corporation

Citation

[2007] NZACC 243
Court

District Court

The Minister's letter was a non‑decisional response to a complaint that had no effect on cover or entitlements; the Minister is not the Corporation and therefore cannot issue reviewable decisions under the Act; consequently there was no error of law in the District Court's dismissal and leave to appeal is refused.
8 Mar 2007

Schischka v Accident Compensation Corporation

Citation

[2007] NZACC 43
Court

District Court

The DRSL letter of 26 April 2004 did not constitute a "decision" within the meaning of s6 and thus was not reviewable under s134 because it did not grant a statutory entitlement under s69 and was an administrative communication from an agent without power to issue primary ACC decisions.