New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Manifest unfairness vs clear statutory wording
  • 25 Jul 2005

    Warren v Accident Compensation Corporation

    Citation
    [2005] NZACC 225
    Court
    District Court

    Clause 34(2)'s phrase "earnings as an employee (from employment with that employer)" does not require earnings to be from permanent employment; the difference in wording between subclauses (1) and (2) is deliberate and the Court is bound to apply the clear statutory language, so the Reviewer's confirmation of ACC's calculation is correct and the appeal is dismissed.

    • Weekly earnings calculation
    • Interpretation of clause 34 schedule 1
    • Statutory construction
    • Manifest unfairness vs clear statutory wording