29 Apr 2016
Gregory v Accident Compensation Corporation
- Citation
- [2016] NZACC 118
- Court
- District Court
Assessors in the 2003 and 2005 assessments erred in law by conflating the appellant's identified need for overnight supervision with an assumption that family/flatmates would supply that supervision, thereby failing to perform the required two-stage analysis (identifying needs under s84 and leaving ACC to decide provision/contribution under s81 and cl14). The attendant care assessments were therefore flawed and the ACC decisions based on them must be set aside to the extent they relate to sleepover attendant care; ACC must reconsider whether to provide or contribute, including retrospective c…