New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of section 114

Legal area

Court

18 Oct 2017

Wilson v Accident Compensation Corporation (Payment of Interest)

Citation

[2017] NZACC 125
Court

District Court

The Court held ACC did not hold 'all information necessary' to grant cover for mental injury until receipt of Dr Newburn's report on 9 January 2007; ACC's 27 July 2005 decision to decline cover was reasonably based on Dr Asteriadis' report and not an error, so interest was correctly calculated from 9 January 2007 to the payment date and the review decision upholding ACC was affirmed.
31 Oct 2012

Francis v Accident Compensation Corporation

Citation

[2012] NZACC 353
Court

District Court

The Court applied Miller and held that the WINZ information was not necessary to calculate and make the payment at the time weekly compensation was stopped in 2000, therefore s114 interest is payable from that date; the review decision was quashed and the refusal to pay interest set aside.