New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 89(5) interpretation

Legal area

Court

7 Jul 1998

Gregan v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 147
Court

District Court

Section 89(5) prescribes a mandatory three month written notice period for review applications which the Corporation correctly applied; there is no discretion under s89(5) to accept an out-of-time review and the Court's s91 discretion to extend time applies only at appeal stage, not at review stage.
29 Jan 1998

Swann v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 6
Court

District Court

Leave to appeal to the High Court was granted because the interpretative question whether s89(5) permits any discretion to extend the three month review period is a significant question of law going beyond this case and not settled by the High Court; although prior District Court decisions have denied such discretion and the appellant's subsidiary points lacked merit, the principal point warranted consideration at a higher level.