New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Permanent disability

Legal area

Court

21 Dec 1998

Mountford v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 278
Court

District Court

The 1982 Act lump sum regime no longer provides for further awards after repeal; transitional provisions (including the 1 April 1993 cut-off) and the non-reviewability of paid lump sums under the 1982 Act prevent the Corporation from granting a further lump sum, leaving any possible entitlement to be pursued under section 54 of the 1992 Act. Consequently the appellant is not entitled to a further lump sum and the appeal is dismissed.
27 Jul 1995

Billingham v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 80
Court

District Court

The Court held the memorandum of 14 January 1993 could constitute a written application recording the appellant's oral request, but the appellant failed to make the distinct written election required by s147(2) to choose lump sum compensation over an independence allowance; therefore the statutory election requirement was not satisfied and the appeal is dismissed.