10 May 1996
Pohoiwi v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1996] NZACC 35
- Court
- District Court
Appellant failed to discharge the onus on the balance of probabilities that she and the deceased were not "living apart"; the undisputed facts that she received a Domestic Purposes Benefit and the deceased made no financial contributions, together with the tenuous and recent evidence of a possible reconciliation, establish that the parties were living apart and therefore the appellant was not a spouse under s.3 of the Act.
- Definition of spouse
- Living apart
- Entitlement to survivor/spouse benefits
- Statutory interpretation