New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Delegation to agents

Legal area

Court

5 Sept 2003

Burgess v Accident Compensation Corporation

Citation

[2003] NZACC 219
Court

District Court

Leave to appeal was refused on the delegation issue because the court held the matter involved findings of fact by the primary judge and not a question of law. Leave to appeal was granted on the narrower issue of statutory interpretation: whether agreeing to an Individual Rehabilitation Plan constitutes a 'decision' under s13 and Part 6, thereby attracting a right of review and notice obligations under s72(4)(c).
20 Feb 2003

Churchill v Accident Compensation Corporation

Citation

[2003] NZACC 22
Court

District Court

AON acted with lawful delegated authority; the IRPs were valid and did not require s72 notice because they did not initiate entitlements; the appellant received copies of assessments; Dr Nicholson's medical assessment provided sufficient reasoning to identify that Receptionist and Booking Clerk were suitable in relation to the appellant's injury but the Receptionist finding could not stand because it duplicated the appellant's pre-injury occupation (precluding a lawful capacity finding); the Booking Clerk role alone sufficed under s94(3) and s15 to establish capacity for work; accordingly the…