New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Receipt of necessary information

Legal area

Court

19 Mar 2004

Kena v Accident Compensation Corporation

Citation

[2004] NZACC 49
Court

District Court

The Court found the respondent had all information necessary to calculate weekly compensation at the time of the accident (8 September 1989) because documentation indicated employee status and the respondent failed to critically investigate discrepancies; however, statutory limit in s458(b) of the 1998 Act confines payment of interest to the period commencing 1 July 1992, so interest is payable from that date to the date of payment.
28 Mar 2003

Walters v Accident Compensation Corporation

Citation

[2003] NZACC 48
Court

District Court

The C3 certificate received in June 1987 contained sufficient information for the Corporation to calculate the appellant's weekly compensation under the alternatives available in s52(2) of the 1982 Act; therefore the Corporation had 'all information necessary' from that date and interest under the saved s72 is payable. Interest accrues at the prescribed rate but, due to s458 of the 1998 Act, interest runs only from 1 July 1992.