New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Statutory definitions

Legal area

Court

11 Jul 2018

Edwin v Accident Compensation Corporation (Cover Issues)

Citation

[2018] NZACC 110
Court

District Court

The Court held that to obtain cover under s26(1)(c) the mental injury must be caused by a physical injury; evidence did not establish that the applicant's PTSD was caused by a physical injury (smoke inhalation) from the fire, so ACC's decision to decline cover and revoke the earlier grant was correct; appeal dismissed.
5 Aug 2009

LINCOLN V POLICE DEPARTMENT HC PMN CIV-2009-454-473

Citation

openlaw-72c4ebfa_0986_4dfb_9f3f_d76c7beefe85.pdf
Court

High Court

Interim relief was refused because the statutory necessity threshold to preserve the applicant's position was not met: Police's reinterpretation is not legally determinative, Police have given a clear indicatory moratorium and educative transition until March 2010, many alleged harms were speculative or related to possible future actions rather than the applicant's present position, and it would be inappropriate on interim application to prefer the prior interpretation over the new interpretation without full hearing.