New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Overseas treatment funding

Legal area

Court

20 Aug 2010

Accident Compensation Corporation v Cottle

Citation

[2010] NZACC 138
Court

District Court

Acute treatment is a category of treatment and therefore falls within the statutory definition of rehabilitation; s128's clear prohibition on payment for rehabilitation costs incurred outside New Zealand applies to acute treatment incurred overseas, so ACC had no power under the Act to fund the respondent's overseas acute treatment and the review decision directing reimbursement was wrong in law.
7 Aug 2001

Siebers v Accident Compensation Corporation

Citation

[2001] NZACC 215
Court

District Court

Section 129 prohibits payment for treatment incurred outside New Zealand except where s130 or regulations apply; s130 and Regulation 18 provide only limited and specific circumstances for payment (attendant care and short-term emergency treatment) and confer no discretion to fund elective overseas remedial treatment, therefore the insurer lawfully declined to pay the appellant's overseas treatment costs.