31 Aug 1994
Stansfield v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1994] NZACC 44
- Court
- District Court
Because the Regulations require prior approval for specialist dental treatment and contain no discretion to approve payment after the procedure, the Corporation cannot lawfully pay for dental or anaesthetic costs incurred without prior approval even though its confirmation letter wrongly failed to advise claimants to seek approval; the Corporation's letter was negligent but that does not create statutory entitlement to payment, leaving possible remedies in common law or by ex gratia payment.