New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Revision of decision under s65

Legal area

Court

10 Jul 2015

Smith v Accident Compensation Corporation

Citation

[2015] NZACC 193
Court

District Court

The 26 May 2009 letter constituted a substantive revisionary decision under s65 made within the four month statutory period, thus it was a cover decision and s58 deemed cover did not apply; no question of law was established to justify leave to appeal and no prejudice resulted from omission of review rights.
23 Nov 2004

Davis v Accident Compensation Corporation

Citation

[2004] NZACC 370
Court

District Court

Although the appellant established an accident occurred, the specialist medical evidence did not, on the balance of probabilities, establish that the accident or series of incidents was a material cause of a coverable personal injury given evidence of pre-existing degenerative disease; ACC validly revised its initial acceptance under s65 and the appellant failed to discharge the burden of proof on causation, so the revised decision stands.