30 Nov 2011
The Court found ACC had nominated a provider (Southern Cross Hospital, Christchurch) within the meaning of Regulation 18(2); consequently Regulation 18(6) applied and ACC's liability was limited to 60% of the contracted amount rather than the full cost charged by the chosen surgeon.
4 Mar 2010
The Court held ACC complied with regulation 18 by identifying/nominating providers and advising claimants of the funding consequences before they chose; the ACC43 elections reflected informed choices and were not shams or unlawful delegations, so ACC was entitled to limit its liability to 60% under regulation 18(6).
26 Aug 2009
Judge Beattie found ACC complied with Regulation 18 and Schedule 1: ACC provided the required information, the choice to accept a nominated provider or elect a chosen provider was transparent and real, contractual provisions with nominated providers supplied safeguards for timely effective treatment, and there was no lawful basis to infer unlawful delegation or failure to exercise ACC's contractual powers; accordingly the appeals on the merits were dismissed. Judge Cadenhead nevertheless granted leave to appeal to the High Court because important questions of law (statutory interpretation of…