New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Regulation 21a

Legal area

Court

29 Oct 2007

ANZ NATIONAL BANK LIMITED V THE ACCIDENT COMPENSATION CORPORATION CA CA91/06

Citation

openlaw-59c3b200_4a4a_4b57_a960_1539d1c1b883.pdf
Court

Court of Appeal

ACC's compliance with a reviewer order to remove a claim and pay a refund did not constitute a fresh decision under s390 requiring reopening of prior experience rating assessments; reg21A permitted alterations to make assessments comply with review decisions and limited wholesale reopening after the transitional date, so ACC need not re-open ANZ's 1997/98 and 1998/99 experience ratings.
23 Nov 2005

ANZ BANKING GROUP (NZ) LTD V ACC HC AK CIV 2005-485-00938

Citation

openlaw-0de232a0_f09f_4ed0_acfb_c9ff31f6e668.pdf
Court

High Court

The Court held that the June 2003 refund was an alteration made under Reg21A(4) to give effect to a final and conclusive review decision and was not a fresh experience rating assessment susceptible to full review and appeal; Regulation 21A bars wholesale reassessment after the 31 March 2000 cut-off, and any alteration is limited to making the existing assessment comply with the final review decision, so ANZ's wider challenge to embedded loadings was time barred and the appeal was dismissed.