New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Definition of "earner"

Legal area

Court

23 Jun 2009

YOUMNA KHAN V THE ACCIDENT COMPENSATION CORPORATION CA CA155/2009

Citation

openlaw-6deb2678_ad3c_4ad7_b5ce_9c5e88a8c29c.pdf
Court

Court of Appeal

The Court of Appeal lacks jurisdiction to hear an appeal against the High Court's refusal to grant special leave under s 98 of the 1992 Act; alternatively, the proposed grounds raise no question of law and the application would fail on the merits.
30 Apr 1999

Mauga v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 105
Court

District Court

Because the appellant was on unpaid maternity leave and was not engaged in paid work immediately before the commencement of incapacity, she was not an "earner" under s.3 and therefore not entitled to compensation under ss.39 or 40; s.44 did not apply; the court followed Vasquez and applied a strict ordinary‑meaning construction of the statutory definitions.