New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Resource allocation exclusion

Legal area

Court

31 Jul 2015

Wire v Accident Compensation Corporation

Citation

[2015] NZACC 221
Court

District Court

The District Court found a significant failure to treat/diagnose the appellant on 31 December 2009 because he was not seen promptly and staff failed to make every effort to recall or review him after he left; expert evidence established on the balance of probabilities that an earlier diagnosis on 31 December would likely have reduced the appellant's residual disability; consequently the delay caused a treatment injury under the Accident Compensation Act and ACC's denial was quashed.
20 Jan 2012

Estate of Turner v Accident Compensation Corporation

Citation

[2012] NZACC 17
Court

District Court

The court provisionally held that the s32(2)(b) exclusion must be narrowly construed and that a death partly attributable to scheduling or prioritisation failures rather than solely to unallocated resources may not be excluded; because the facts about scheduling and administrative steps were insufficiently evidenced the court would not finally determine the appeal and directed that the appellant be given an opportunity to produce admissible evidence about prioritisation and scheduling before a final decision is made.