New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Late filing of review application

Legal area

Court

8 Apr 2010

Hafi v Accident Compensation Corporation

Citation

[2010] NZACC 55
Court

District Court

Leave to appeal was refused because the central issue was a factual determination—whether extenuating circumstances under s135(3) existed—and the District Court's factual findings did not raise any serious question of law for the High Court to determine.
27 Mar 2008

Riemersma v Accident Compensation Corporation

Citation

[2008] NZACC 66
Court

District Court

Extenuating circumstances under s135(3) must have directly affected the claimant's ability to meet the three month time limit; reliance on an insurance broker's advice about an independent insurance claim, which did not relate to the claimant's review rights or ability to file, did not affect that ability and therefore did not constitute extenuating circumstances; McDougall principles are not applicable to s135(3).