24 Apr 2013
KE v Accident Compensation Corporation
- Citation
- [2013] NZACC 124
- Court
- District Court
The sole relevant evidence (Dr Davis) established the appellant did not have a 'significant impairment' as defined in s138(6) and was not so impaired as to be unable to consent under s128A(5); consequently the criminal offence elements under ss138/128/128B were not met and ACC's decision to decline cover under s21 was confirmed.