New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Entitlement notification

Legal area

Court

3 Mar 2010

Elers v Accident Compensation Corporation (Wellington)

Citation

[2010] NZACC 37
Court

District Court

The appellant first became entitled between 12 and 24 months before age 65, so under cl 52(4) her entitlement lasted for 24 months from the date of entitlement (May 2006) and expired before the surgery in late May 2008; clause 52 applies to the weekly compensation for the particular injury and the 24 months is a strict time limit; there was no breach of s 50 or the Human Rights Act giving rise to relief; accordingly the appeal is dismissed.
16 Apr 1998

Solomon v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 71
Court

District Court

Section 54(5)(b) of the 1992 Act precludes payment of the independence allowance earlier than the assessment date (or subsection(2) date), and there is no discretion in the respondent or Court to backdate the allowance; therefore the Review Officer correctly refused backdating.
2 May 1997

Adam v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 88
Court

District Court

Section 54(5)-(6) and section 63(4) of the Act fix the commencement of any independence allowance and remove judicial discretion to backdate beyond the prescribed dates; therefore the appellant was not entitled to a backdating to 20 June 1995 and the Review Officer's decision was correct.