New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Retrospective compensation

Legal area

Court

24 Oct 2018

Tonner v Accident Compensation Corporation (Leave to Appeal)

Citation

[2018] NZACC 166
Court

District Court

Leave to appeal was dismissed because the District Court applied the correct legal test and the available contemporaneous and later evidence was insufficient on the balance of probabilities to establish continuous incapacity since 1997; no serious or arguable question of law was shown and Crothers' reasonable adaption test, while good law, was not material to the decision.
14 May 2004

McKenzie v Accident Compensation Corporation

Citation

[2004] NZACC 135
Court

District Court

The statutory eligibility in Clause 53 must be satisfied at the date of application; because the appellant was not entitled to weekly compensation when he applied for vocational rehabilitation, the court had no jurisdiction to order vocational retraining and the appeal was dismissed.