New Zealand Case Law: Decisions & Judgments

Topic

Review and reconsideration

Legal area

Court

16 Jun 2017

Fryer v Accident Compensation Corporation (Entitlement to Surgery)

Citation

[2017] NZACC 68
Court

District Court

Because the Corporation's records recorded cover for an 'open fracture lumbar vertebrae' and the Corporation and reviewer did not consider the nature of that covered injury as required by s 67 before refusing funding, the refusal was unjustified; therefore the review decision and the Corporation's decision must be quashed and set aside and the appellant was entitled to funding for the surgery.
6 Dec 2006

GIBSON V LEGAL SERVICES AGENCY HC AK CIV 2006-404-5229

Citation

openlaw-c7901d54_a7f9_47b3_b8a4_8c17060006e4.pdf
Court

High Court

A direction by the Review Panel under s58 to direct the Agency to reconsider a decision is not a "determination" within the meaning of s59; accordingly the High Court has no jurisdiction under s59 to hear the purported appeal, and the appellant's application to restrain the convenor was rendered unnecessary; leave to abandon the appeal and discontinue the restraint application was granted and costs awarded to the respondent.
10 Nov 2005

Grant v Accident Compensation Corporation

Citation

[2005] NZACC 339
Court

District Court

On balance of the medical evidence the Court found it more probable than not that the 1999 flare-up of right lateral epicondylitis was a recurrence of the injury covered from 17 August 1998; therefore ACC's decision of 1 November 1999 declining approval for surgery was quashed and the surgery was payable as a treatment expense under the existing cover, and ACC must reconsider declined entitlements arising from the flare-up.

New Zealand Case Law

Fryer v Accident Compensation Corporation (Entitlement to Surgery)

GIBSON V LEGAL SERVICES AGENCY HC AK CIV 2006-404-5229

Grant v Accident Compensation Corporation