11 Apr 2006
Sherson v Accident Compensation Corporation
- Citation
- [2006] NZACC 86
- Court
- District Court
The 19 November 2004 letter was a new decision made under s117(3), not a revision under s65, so s145(2) did not apply; when read with prior correspondence the letter contained adequate reasons as required by s64(4)(b); the statutory scheme and expressio unius show that the reasonable notice obligation in s117(2) for suspension/cancellation does not apply to declines under s117(3), and the appellant was on notice from earlier communications (23 September 2004) and prior proceedings; therefore the respondent lawfully declined weekly compensation and the appeal is dismissed.