9 Dec 2016
Gardner v Accident Compensation Corporation
- Citation
- [2016] NZACC 320
- Court
- District Court
The Court allowed the appeal in part: although the Corporation was entitled to treat the 2014 tax return as unreasonably influenced, it failed to perform the statutory s15(3) calculation of reasonable remuneration after rejecting the tax-based amount; the original decisions are set aside and ACC is directed to reconsider entitlement by undertaking the s15(3) assessment and then issue a fresh decision with review rights. The separate challenge to levy invoices was dismissed as out of time and the Corporation's refusal to issue a new levy decision did not create a reviewable decision.