29 Sept 2015
'All information necessary' was not present until ACC had cogent medical evidence demonstrating deterioration (Dr Nicholson report received 5 March 2012) and the financial reimbursement figure from WINZ (received 11 June 2012); the arrears payment on 20 June 2012 was within one month of receipt of that information and therefore no interest was payable under s114.
23 Jun 2015
The Court upheld the Corporation's arrears calculation and reimbursement method under s252 (no double taxation), found the District Court lacked jurisdiction to revisit entitlement prior to 6 August 2004 due to issue estoppel, and held interest under s114 was correctly awarded from 4 October 2006 (date of Dr Walls' report) to 24 May 2010, so both appeals are dismissed.
23 Jul 2007
Section 252 authorises and requires ACC to refund excess Social Security benefit payments to WINZ where a benefit was paid for a period for which ACC entitlements are established, and s123(2)(a) permits ACC to deduct that refund from the arrears of weekly compensation otherwise payable to the claimant; there is no statutory prohibition on making the deduction prior to paying the balance and no temporal sequencing requirement between the benefit and the establishment of an ACC entitlement.
18 Jun 2007
The court held that s114 interest runs from one month after ACC has received all information necessary to calculate a payment; the mandatory refund to WINZ under s252 was necessary information, WINZ provided the amount on 9 November 2004, ACC paid within one month, and therefore ACC incurred no liability to pay interest; appeal dismissed.
22 Feb 2007
The court held that amounts already received as WINZ benefits are deemed payments in respect of the ACC entitlement under s252 and therefore could not be late payments under s114; only the net sum after reimbursement to WINZ attracts interest under s114, compound interest is not payable, and the reviewer erred in denying review costs where the appellant acted reasonably.
14 Jul 2005
Leave to appeal was granted because the decision raised genuine questions of law suitable for High Court determination: specifically whether the learned Judge correctly addressed WINZ reimbursement, the role and timing of post-incapacity income as necessary information for calculation and adjustment of weekly compensation, the consequences of missing mandatory information, and whether his conclusions were legally open to him.
3 Dec 2004
The Court held that the Corporation did not have all information necessary to calculate and make the arrears payment until it received IRD employment/earnings details (23 Jan 2002) and the precise WINZ reimbursement figures (23 Apr 2002); because reimbursement to WINZ was mandatory, WINZ figures were necessary information and interest therefore only accrued from one month after receipt of that information; appeal dismissed.
12 Sept 2000
Respondent unacceptably delayed in obtaining necessary information and did not expedite calculation after the Appeal Authority granted cover; that delay constituted a serious injustice and (consistent with statutory provisions) interest must be calculated and paid from 25 February 1999 at the rate prescribed by section 87 of the Judicature Act 1908.