New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Employment premiums

Legal area

Court

8 Oct 1999

Waterman v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 283
Court

District Court

Entitlement to weekly compensation must be calculated solely by reference to s41 using the appellant's most recent income tax return; because that return showed a loss and the appellant did not meet the regulation 10 premium/30‑hour threshold he was not eligible for weekly compensation. Transport costs were rightly declined because the regulations only allow contributions for travel to treatment and the Woodville–Auckland travel was for social care, not treatment.
4 Jun 1999

Adis International Ltd v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 138
Court

District Court

The Court held the appellant carried on a single activity — publishing — and that modern methods of dissemination (print, CD-ROM, online) do not create distinct and independent activities for premium classification; accordingly the correct classification unit for 1995-1997 is 24221 (other periodical publishing (excluding printing)). Alternatively, even if two activities existed, the appellant did not maintain contemporaneous separate accounting and employee earning records as required, so multiple classification units would not apply. Appeal allowed and respondent decision revoked.