New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Nearest provider rule

Legal area

Court

15 Oct 2010

Furnell v Accident Compensation Corporation

Citation

[2010] NZACC 184
Court

District Court

Regulation 8(2) restricts ACC's liability to travel to the nearest place where the claimant can obtain the required rehabilitation; there is no statutory requirement to obtain an ARC18 from the original treating GP and the applicant did not travel to the nearest provider, so no legal error arises that would support leave to appeal; accordingly leave is refused.
14 Apr 1997

Byrne v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 51
Court

District Court

The Court held the appellant was entitled to reimbursement because the particular treatment she required — frequent intravenous narcotic management administered with 24‑hour availability and under the Pain Clinic's guidance — constituted the relevant 'treatment' and was effectively only available from Dr Searle; thus regulation 6(4) permitted reimbursement for travel to him as the nearest place able to provide that treatment in substance, distinguishing Warren and aligning with Hei.