New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S117 discretion to decline entitlements
  • 24 Oct 2012

    Pai-Waipouri v Accident Compensation Corporation

    Citation
    [2012] NZACC 349
    Court
    District Court

    The court found that although the appointment requirements were reasonable, the appellant's non-attendance on 30 May and 1 June 2011 was excusable given eviction, mental and physical health problems and accumulated life stressors; those circumstances were exceptional and made it inequitable to refuse backdated weekly compensation; both appeals were allowed and the Corporation was ordered to fill the payment gap between suspension and reinstatement.

    • Suspension of weekly compensation
    • Reinstatement and backdating of payments
    • Failure to attend appointments
    • S117 discretion to decline entitlements
    • Exceptional circumstances
    • Non-publication