10 Jan 1995
Wilde v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1995] NZACC 2
- Court
- District Court
The appeal was allowed and the matter remitted because the Corporation failed to distinguish normal wear and tear (which can render a claimant eligible for replacement under s 26(5)) from excessive deterioration caused by claimant neglect; the Corporation must reconsider the application by assessing the claimant's rehabilitation programme, whether the vehicle has reached the end of its economic life in light of the claimant's disability and reasonable needs, and investigate any alleged failure to maintain with a view to possible apportionment rather than blanket refusal.