New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Family carer contribution

  • 4 Jun 2015

    Pasikala v Accident Compensation Corporation

    Citation
    [2015] NZACC 133
    Court
    District Court

    The review decision was quashed and the matter remitted because both ACC and the Reviewer failed to take into account relevant considerations material to social rehabilitation entitlements (notably the continuous disturbed sleep and back injury of the primary carer, the unsafe absence of overnight supervision, the family's isolation and immigration constraints). The Court directed ACC to reassess allocating night supervisory hours and to account for the carer's condition and specified factors when reallocating attendant care, home help and considering retrospective entitlements.

    • Attendant care
    • Overnight supervisory care
    • Home help
    • Discretionary decision review
    • Remittal for reassessment
    • Family carer contribution

  • 11 Sept 2006

    Peni v Accident Compensation Corporation

    Citation
    [2006] NZACC 215
    Court
    District Court

    The District Court upheld the respondent's decision confirming the November 2004 assessment (127 hours 40 minutes/week) as reasonable and within the respondent's discretion; absent clear and cogent contrary evidence the court will not substitute its view, therefore the appeal is dismissed.

    • Attendant care entitlement
    • Assessment of care needs
    • Discretionary decision review
    • Family carer contribution