New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory review and appeal
  • 6 Aug 2013

    Slayman v Accident Compensation Corporation

    Citation
    [2013] NZACC 236
    Court
    District Court

    The Court preferred Dr Waite's assessment over Dr Berry's on the substantive issue of the physical demands of the jobs; on the evidence (including the appellant's domestic capacities) the generic roles of car park attendant and ticket seller/lotto counter are sedentary/light and can be performed without normal use of the right shoulder (or by use of the left arm) for 30 hours per week, but the sales assistant role may require stretching and lifting and is unsuitable; accordingly the Reviewer was not shown to be wrong and the ACC decision of vocational independence is upheld in relation to two…

    • Vocational independence
    • Vima
    • Vioa
    • Expert medical evidence
    • Statutory review and appeal
  • 9 Feb 2010

    Subritzky v Accident Compensation Corporation

    Citation
    [2010] NZACC 21
    Court
    District Court

    The appeal is dismissed because the original primary decision had been quashed and a new primary decision, subject to review, existed; there was no live substantive issue for the Court to determine and the correct forum for resolution was the review process with any subsequent appeal to the District Court.

    • Mootness
    • Jurisdiction
    • Statutory review and appeal
    • Suspension of entitlements