New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Entitlement to transport for independence

  • 30 May 2011

    Anderson v Accident Compensation Corporation

    Citation
    [2011] NZACC 160
    Court
    District Court

    The Reviewer's and Judge's interim view endorses ACC's conclusion that, on the evidence available at the time, the need for a powered wheelchair stemmed from the claimant's pre-existing multiple sclerosis (and age-related deterioration in upper limb strength) rather than being a direct consequence of the covered injuries; therefore ACC's decision to decline funding for a replacement vehicle was not shown to be flawed, but given subsequent change in facts a prompt new transport-for-independence assessment should be conducted and the hearing is adjourned pending that assessment.

    • Entitlement to transport for independence
    • Assessment under s.84
    • Causation - direct consequence
    • Pre-existing condition (multiple sclerosis)
    • Adjournment and procedural directions

  • 29 Jan 2002

    Lewis v Accident Compensation Corporation

    Citation
    [2002] NZACC 32
    Court
    District Court

    The Court held ACC properly exercised its discretion: it accepted liability for transport for independence, obtained assessment from a qualified assessor, incorporated the applicant's criteria, set a reasonable contribution and conditions, and there was no evidence the amount offered could not fulfil the statutory obligation; therefore the decision was confirmed.

    • Exercise of discretion
    • Entitlement to transport for independence
    • Assessment of reasonable contribution
    • Vehicle modification criteria
    • Procedural delay