New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Refusal to undergo assessment

Legal area

Court

17 Nov 2016

Slight v Accident Compensation Corporation

Citation

[2016] NZACC 303
Court

District Court

No error of law established; the District Court correctly applied s72 and s117 principles and found the applicant’s communications caused cancellation of the appointment amounting to unreasonable refusal under s72(1)(e), and ACC’s action was properly characterised as a s117(3) decline pending compliance rather than a s117(1) suspension; alleged counsel failings did not establish a miscarriage of justice warranting leave to appeal.
25 Feb 2016

Slight v Accident Compensation Corporation

Citation

[2016] NZACC 40
Court

District Court

The appellant's messages and conduct to the practitioner’s practice caused the VIMA appointment to be cancelled; that conduct constituted a failure to undergo assessment in breach of s72 and amounted to an unreasonable refusal under s117(3), so the Corporation had reasonable grounds to suspend weekly entitlements; appeal dismissed.
24 Apr 2006

Shelley v Accident Compensation Corporation

Citation

[2006] NZACC 98
Court

District Court

The appellant's refusal to undergo a reasonable Initial Occupational Assessment was objectively unreasonable; given the Reviewer's finding that the earlier occupational assessment was flawed, Catalyst was entitled and obliged to require fresh initial assessments under sections 72 and 89, and therefore validly declined to provide entitlements under section 117(3).