13 Apr 2016
ACC v ALGIE & ORS [2016] NZCA 120
- Citation
- [2016] 3 NZLR 59
- Court
- Court of Appeal
The Court held s 121(1) and s 80(1) do not permit compensation for unpaid family-provided attendant care because 'proved losses' must be read as pecuniary losses in light of the subsection heading, the statutory language requiring 'actual' and 'proved' expenses, the express attendant-care provisions (s121(2)(b), s121(3)) and the specific regime for non-economic loss including s119, s120 and the prohibition in s120(8); accordingly the High Court erred in allowing such claims.