28 Nov 1995
Marsh v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1995] NZACC 139
- Court
- District Court
Regulation 6's prohibition on funding an aid with a "similar function" must be interpreted in the factual context of the claimant; a manual wheelchair that only enables limited indoor movement and prevents carrying items and external access is not "similar" to an electric scooter that restores outside mobility and independence. Applying s.26's objective, the respondent's refusal failed to account for the scooter's rehabilitative effect and the appeal is allowed.