New Zealand Case Law: Decisions & Judgments

Topic

Statutory interpretation of schedule 1

Legal area

Court

26 Sept 2018

Burton v Accident Compensation Corporation (Entitlement to Surgery)

Citation

[2018] NZACC 153
Court

District Court

On the balance of evidence the court accepted the treating surgeon's opinion that the accident caused an acute supraspinatus tear and materially aggravated bursitis despite underlying degenerative AC joint pathology; accordingly ACC's refusal was set aside and ACC must contribute to the costs of surgery to the extent it treated the injury-related condition identified in the ARTP of 13 December 2016.
29 Feb 2016

Wood v Accident Compensation Corporation

Citation

[2016] NZACC 47
Court

District Court

Because the partnership tax accounts for the relevant tax year showed a net loss after allowable deductions, the appellant had no 'earnings as a self-employed person' under s14 so clause 38 did not apply; alternative routes (clause 38(3) minimum payments or clause 42) also failed because the appellant was not liable to pay the minimum levy and was not in full-time employment, therefore the Corporation correctly declined weekly compensation.
7 Feb 2011

H v Accident Compensation Corporation

Citation

[2011] NZACC 36
Court

District Court

The Accident Compensation Act 2001 requires ACC prior agreement to fund treatment (Schedule 1 cl 4); no prior agreement or engagement existed for counselling provided by Mr Mason from 2003–2008 and the earlier 1999 arrangement was superseded and then cancelled, so there is no statutory entitlement to retrospective payment.
24 May 2006

Alderson v Accident Compensation Corporation

Citation

[2006] NZACC 129
Court

District Court

Because the appellant had no earnings as an employee in the 52 weeks prior to incapacity and his self-employment commenced in the tax year of incapacity, Clause 38(2)(a) yields nil weekly earnings and therefore Clause 42 entitles him only to the minimum full‑time earner rate; the respondent owed no legal duty to proactively advise him of purchase‑of‑weekly‑compensation opportunities and the statutory formula must be applied without discretion.

New Zealand Case Law

Burton v Accident Compensation Corporation (Entitlement to Surgery)

Wood v Accident Compensation Corporation

H v Accident Compensation Corporation

Alderson v Accident Compensation Corporation