New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Medical misadventure diagnosis
  • 5 Aug 1996

    Dent v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1996] NZACC 55
    Court
    District Court

    Because the respondent was in the process of obtaining further medical information and subsequently issued a decision declining the claim, there was no review determination in existence when the appellant lodged his appeal; accordingly the Court lacked jurisdiction to entertain the appeal and the file must be referred back to the respondent for a proper review hearing under the Act.

    • Deemed decision under s66
    • Timeliness of review
    • Premature appeal
    • Jurisdiction to entertain appeal
    • Medical misadventure diagnosis