New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Retrospective benefits
  • 4 Jun 2015

    O'Mara v Accident Compensation Corporation

    Citation
    [2015] NZACC 136
    Court
    District Court

    The Court found ACC and the reviewer failed to take into account relevant considerations under clause 14 Schedule 1 (notably the prolonged extraordinary caregiving by the mother and partner, the claimant's increasing size and complexity of night-time seizure and oxygen management, the presence of other dependent children and the claimant's age), such that the review decision was wrong in the administrative law sense; accordingly the appeal was allowed and retrospective additional attendant carer entitlements were awarded for specified periods.