22 Feb 2013
RH v Accident Compensation Corporation
- Citation
- [2013] NZACC 40
- Court
- District Court
The Court held ACC validly invoked s65 because it obtained new and material medical evidence (Dr McIvor's report based on comprehensive hospital clinical notes) that demonstrated the original grant of cover was made in error; there was no tenable evidence of an indecent or sexual assault within s21 and the appellant's beliefs were explained as delirium-related delusional disorder arising from severe illness and treatment.