New Zealand Case Law: Decisions & Judgments

Topic

Qualifying payments

Legal area

Court

11 Jul 2000

Horizon Printing and Packaging Ltd v Accident Compensation Corporation

Citation

[2000] NZACC 165
Court

District Court

Based on contemporaneous medical evidence demonstrating RSD causally linked to the accepted work injury and ongoing medical certificates during the 1996/97 premium year, ACC properly exercised its discretion under s104 and the Experience Rating Regulations to include Sutherland's costs in the appellant's 1996/97 experience rating; there was no factual or legal basis to disturb that decision.
22 Sept 1999

A & D Decorators v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 268
Court

District Court

Medical evidence established a head injury preventing return to full‑time work; respondent provided prompt and appropriate rehabilitation steps without needing a formal individual rehabilitation programme; the payments made were within the Experience Rating Regulations' definition of qualifying payments and therefore correctly attributable to the appellant's experience rating; appeal dismissed.
1 Dec 1998

Wyatt and wilson Print Limited v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 251
Court

District Court

Although the Corporation lawfully may attribute claims to a purchaser, the court found manifest unfairness in attributing to the appellant the portion of the claim and ongoing payments incurred after the claimant's resignation and after March 1996 because of delays and inadequate management; applying the discretion in s104(1) and Reg 6(2) the appeal was allowed and the premium loading attributable to post‑March‑1996 payments was not to be imposed on the appellant; costs awarded $850.

New Zealand Case Law

Horizon Printing and Packaging Ltd v Accident Compensation Corporation

A & D Decorators v Accident Rehabilitation and Compensation Insurance Corporation

Wyatt and wilson Print Limited v Accident Rehabilitation and Compensation Insurance Corporation